THOMAS J. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
PER CURIAM.
Appellant, Thomas J. Thomas, appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion following an evidentiary hearing. Appellant filed a timely and facially sufficient motion for appointment of counsel several weeks before the hearing, but it was denied. We reverse.
We repeat that counsel need not be appointed every time there is an evidentiary hearing, but “any doubt about the need for counsel must be resolved in favor of the indigent defendant.” Williams v. State, 472 So. 2d 738, 740 (Fla.1985). In this case, we find that the number and complexity of the issues covered at the evidentiary hearing required the appointment of counsel and that the trial court abused its discretion in denying the motion. See Id.; Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002).
Accordingly, we REVERSE and REMAND with instructions to appoint counsel and conduct a new hearing.
WEBSTER, PADOVANO, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simmons v. State, 99 So. 3d 620 (Fla. 1st DCA 2012)…the additional testimony of the former trial counsel would have added nothing to the inquiry or affect the trial court’s determination. Analysis Decisions denying postconviction counsel are reviewed for an abuse of discretion. See Thomas v. State, 846 So. 2d 634 (Fla. 1st DCA 2003). A defendant has no absolute right to counsel in postconviction proceedings. See Graham v. State, 372 So. 2d 1363, 1365 (Fla.1979); Woodward v. State, [*624] 992 So. 2d 391, 392 (Fla. 1st DCA 2008); Henderson v. State, 919 So. 2…
Authorities Cited
- Williams v. State, 472 So. 2d 738 (Fla. 1985)
- Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002)