Opinion
Case No. 97-0253
Opinion filed April 9, 1997 Rehearing and Clarification Denied May 16, 1997.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; William Norris, Jr., Senior Judge; L.T. Case No. 93-11278 CFA02.
David Mayolo, Immokalee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
The record excerpts attached to the order summarily denying David Mayolo's rule 3.850 motion do not conclusively refute his allegations that the public defender's office had a conflict due to its prior representation of a state witness and that he was not given prior notice that a fee for the public defender's services would be assessed. The order denying the motion is reversed and the case is remanded for evidentiary hearing or attachment of additional record excerpts that show that Mayolo is not entitled to any relief on those two issues. We agree with the trial court's denial of the remainder of his claims.
GLICKSTEIN, STONE and POLEN, JJ., concur.