Brazell v. State

This appeal is from the dismissal of appellant’s application for post-conviction relief. We reverse and remand for an evidentiary hearing.

In October 1975 appellant was convicted of aggravated assault and battery and breaking into a motor vehicle. He was sentenced to six years’ imprisonment. Less than three months later, appellant escaped from custody and remained at large for nearly five years. In February, 1981, several months following his return to custody, appellant filed an application for post-conviction relief alleging ineffective assistance of counsel.

At the time of the hearing before…