ANTHONY NEAL A/K/A WARD NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of post-conviction relief and remanded for an evidentiary hearing on the defendant's claim of involuntary plea, vacated his conviction for driving with a suspended license, and required appointment of new counsel due to conflict of interest.
A trial court must conduct an evidentiary hearing on a post-conviction claim of involuntary plea and must appoint new counsel when the original counsel is the subject of an ineffective assistance claim.
[1] When a defendant asserts a claim of ineffective assistance of trial counsel, the trial court errs by reappointing that same counsel to represent the defendant in the post…
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Join FLexlaw to unlock all legal intelligenceAnthony Neal appealed from an order denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming his plea wa…
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PER CURIAM.
Anthony Neal a/k/a Ward Neal appeals from an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
We find no merit in appellant’s argument that the trial court erred when it failed to require his presence at the hearing on his motion for post-conviction relief. See Fla. R.Crim.P. 3.850(e); Clark v. State, 491 So. 2d 545 (Fla.1986). The state, however, concedes the record does not refute appellant’s claim for post-conviction relief on the grounds that his plea was involuntary and that the case must be remanded for an evidentiary hearing. The state also concedes that since appellant asserted a claim of ineffective assistance of trial counsel by the public defender’s office, the trial court erred when it reappointed that office to represent him in the post-conviction relief matter. The state further concedes that appellant’s conviction of driving with a suspended license must be vacated since he did not plead to this charge. We agree with the state’s concessions of error. Accordingly, we reverse the order denying appellant’s motion for post-conviction relief and remand this cause to the trial court to conduct an evidentiary hearing and to enter an order vacating appellant’s eonviction of drMn^ ^ a susPended license.
REVERSED and REMANDED.
DELL, C.J., and HERSEY and STONE, JJ., concur.
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Brown v. State, 894 So. 2d 137 (Fla. 2004)…So. 2d 545, 546 (Fla.1986) (stating that whether a prisoner should be physically present at a 3.850 hearing is discretionary with the trial court except when evidence is to be presented and the prisoner is not represented by counsel); Neal v. State, 636 So. 2d 197 (Fla. 4th DCA 1994) (rejecting an argument that the trial court erred when it failed to require the movant’s presence at the hearing on his motion for posteonviction relief, citing rule 3.850(e)). If the court can adjudicate the posteonviction motio…
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Neal v. State, 658 So. 2d 1257 (Fla. 4th DCA 1995)…agreement. See Wilson, 658 So. 2d at 522. Additionally, since the trial court failed to follow our prior mandate, we again direct the trial court to vacate appellant’s conviction and sentence for driving with a suspended license. See Neal v. State, 636 So. 2d 197 (Fla. 4th DCA 1994). REVERSED and REMANDED. DELL, KLEIN and PARIENTE, JJ., concur.…
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H.R. v. State (Fla. 3d DCA 2020)…ce of trial counsel. Florida law nevertheless provides a juvenile with the right to seek similar relief from an adjudication of delinquency based upon ineffective assistance of the juvenile’s adjudicatory hearing counsel. See, e.g., R.J. v. State, 636 So. 2d 197 (Fla. 4th DCA 1994) (affirming delinquency adjudication without prejudice to seek collateral relief based upon ineffective assistance of counsel); J.E.P. v. State, 130 So. 3d 764 (Fla. 2d DCA 2014). See also D.D. v. State, 253 So. 3d 121 (Fla. 2d D…
Authorities Cited
- Clark v. State, 491 So. 2d 545 (Fla. 1986)