Hamner v. State

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant, Bryan F. Hamner (Hamner), appeals the denial of his Petition for Post^Conviction Relief.

Reversed and remanded.

ISSUE

Hamner raises three issues on appeal, one of which we find dispositive and restate as follows: whether the post-conviction court erred in denying Hamner’s Petition for Post-Conviction Relief without an evidentiary hearing.

FACTS AND PROCEDURAL HISTORY

On October 4, 1989, Hamner was charged with burglary, as a Class B felony, and theft, a Class D felony. On April 8, 1991, the State amended the charges and added an habitual…