Hummel v. State

Robert Hummel appeals an order summarily denying his motion for postconviction relief. He claims that his counsel was ineffective in failing to object when the court vacated his plea and sentence based upon his refusal to agree to a condition not specified in the plea agreement. We agree that the record does not conclusively refute his allegations. We therefore reverse and remand for an evidentiary hearing.

Hummel was on community control for delivery of cocaine, a second degree felony, when an affidavit of violation of community control was filed against him. He execut ed a written agreement…