Martin v. State

Thomas Martin appeals the trial court’s denial of his petition for writ of habeas corpus filed pursuant to Florida Rule of Criminal Procedure 3.850(h). We reverse and remand for an evidentiary hearing.

In his petition, Martin claims that he hired counsel for the purpose of filing a motion for postconviction relief pursuant to rule 3.850 and that she failed to do so. Attached to Martin’s petition is a letter from his attorney in which she responds to Martin after receiving a copy of a complaint Martin filed with the Florida Bar. The trial court correctly concluded that based on the contents, of…