Floyd v. State

OPINION

HYDER, Judge.

Petition for relief under the Post-Conviction Procedure Act was dismissed without appointment of counsel for petitioner and without an evidentiary hearing in the trial court, and this appeal was prayed and granted. Counsel was appointed to represent petitioner in this appeal.

The one assignment of error filed with this Court contends that the trial court erred in dismissing this petition without granting an evidentiary hearing and appointing counsel to represent petitioner.

This Court and our Supreme Court have consistently held that the trial judge is authorized to dismiss…