Diaz v. State

We reverse the trial court’s order that summarily denied appellant’s motion for postconviction relief and remand for an evidentiary hearing. The trial court denied the motion by adopting and attaching the State’s response. As the State concedes on appeal, the State’s response below acknowledged that an evidentiary hearing was required to resolve Ground (1) where appellant alleged that counsel had failed to convey a plea offer. We remand for an evidentiary hearing as to this claim and as to appellant’s Ground (2) wherein he alleged that he asked for an attorney before police questioning and…