Daniel Chavez v. State of Florida

In this appeal from the denial of his motion for .postconviction relief, appellant asserts that the trial court abused its discretion by not appointing counsel to represent him at the evidentiary hearing on his claim of ineffective assistance of counsel. We agree that the trial court should have appointed postconviction counsel in light of appellant’s lack of education, inability to speak English, history of mental illness, and inability to participate in the hearing in any meaningful way. See Williams v. State, 472 So.2d 738, 740 (Fla.1985) (holding that the trial court should have appointed…