Salazar v. State

OPINION

COWAN, Judge.

Following his sentencing as an habitual criminal, from which no appeal was taken, petitioner filed a “Motion to Vacate Judgement (sic) and Sentence under Rule #93”. From an order denying this motion without a hearing, the petitioner appeals. We reverse.

Petitioner’s motion is based principally upon his assertion that he was denied the right of an appeal from his conviction because he was refused legal counsel. The motion alleges that the petitioner was an indigent; that counsel had been appointed to represent him at the trial, and did so represent him; that after conviction…