Ulvano v. State

The appellant, defendant in the trial court, subsequent to his conviction and sentence, filed a Rule 3.850, Florida Rules of Criminal Procedure motion alleging his attorney’s conflict of interest and incompetency. The trial court ordered an evidentiary hearing and then proceeded to conduct it without the presence of the defendant or counsel on his behalf. The motion was denied. We find error and reverse for a new hearing.

We recognize that it is not necessary in the first instance for a trial court to appoint counsel for a petitioner who files a Rule 3.850 motion. Graham v. State, 372 So.2d…