Martinez v. State

This is an appeal of an order denying a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a). The motion raised seven grounds for relief. The trial court held an eviden-tiary hearing. At the very beginning of the hearing, the appellant, Eduardo Martinez, stated: “I would like to request you to appoint me counsel due to the fact that I had assistance with my motion. I didn’t do it on my own, Your Honor.” We reverse because the trial court never explained why counsel was not appointed.

In Lee v. State, 847 So.2d 1142 (Fla. 3d DCA 2003), we said that “[t]here…