Baity v. State (770 So. 2d 1255, 2000)

PER CURIAM.

We reverse the order denying David Baity’s post-conviction motion and remand for appointment of counsel and a new evi-dentiary hearing. See Williams v. State, 472 So.2d 738 (Fla.1985); Graham v. State, 372 So.2d 1363 (Fla.1979); Rogers v. State, 702 So.2d 607 (Fla. 1st DCA 1997).

WOLF and BENTON, JJ., CONCUR; JOANOS, J., DISSENTS.