Ware v. State

Appellant, Octavius Ware, raises a number of issues concerning the order denying his motion for postconviction relief from a finding of violation of probation (VOP). We find one has merit and requires remand for a new evidentiary postconviction hearing. The trial court abused its discretion in denying appellant’s motion for appointment of counsel for the evidentiary hearing.1

The finding of a violation of probation was based on a new law violation, domestic battery. A review of the transcript in the VOP case indicates that, while the trial court relied on corroborating evidence, the finding of…