Fagaragan v. State.

Opinion of the Court by

POLLACK, J.

Petitioner/Petitioner-Appellant Erwin E. Fagaragan (Fagaragan) seeks review the Intermediate Court of Appeals’ (ICA) October 18, 2012 Judgment on Appeal (ICA Judgment) filed pursuant to its September 19, 2012 Summary Disposition Order (SDO), which affirmed the Circuit Court of the Second Circuit’s (circuit court) July 18, 2011 Findings of Fact, Conclusions of Law, and Order Denying the Rule 40 Petition for Post-Conviction Relief (Order Denying Rule 40 Petition).

For the reasons set forth herein, we vacate the ICA Judgment, and remand the case to the circuit…