Cueto v. State

Corrected Opinion

EMAS, J.

We deny the State’s motion for rehearing. On our own motion, however, we withdraw our previous opinion and substitute the following:

Defendant Jorge Cueto appeals the trial court’s order summarily denying his motion for postconviction relief. We reverse, holding that the trial court erred in summarily denying Cueto’s motion without an evidentiary hearing, and in applying the incorrect standard in assessing the claims raised in Cueto’s motion.

Cueto filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, based upon a claim that the…