ALBERTO DELAROSA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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De la Rosa challenges his probation revocation order, arguing the trial court erred by failing to inquire into a conflict of interest with his defense counsel, who had information relevant to a material issue at the hearing. The court agrees and reverses, requiring a new revocation hearing with either conflict-free counsel or a valid waiver of the conflict.
The trial court committed reversible error by failing to ensure the defendant understood the implications of proceeding with conflicted counsel and by failing to secure a valid waiver of the right to conflict-free counsel. The defendant is entitled to a new probation revocation hearing with either conflict-free counsel or a valid waiver of the conflict.
[1] A trial court commits reversible error by failing to inquire about a defendant's waiver of conflict-free counsel when defense counsel has an actual conflict of interest t…
[2] Defense counsel has an actual conflict of interest when they may be a witness on a material issue in the case.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As a potential witness on a material issue — the voluntariness of the Defendant's confession to substantive criminal charges that formed the basis of the revocation of probation — defense counsel had an actual conflict of interest in this case.”
Establishes the core legal violation: the existence of an actual conflict of interest
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Join FLexlaw to unlock all legal intelligenceAt the probation revocation hearing, defense counsel informed the court that he possessed information bearing on the voluntariness of the defendant's …
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PER CURIAM.
The Defendant challenges the order revoking his probation order, arguing that he is entitled to a new revocation hearing due to the trial court’s failure to inquire about defense counsel’s conflict of interest. We agree and reverse.
At the beginning of the revocation hearing, defense counsel told the court he had information bearing upon the voluntariness of the Defendant’s confession to substantive criminal charges that formed the basis of the probation violation affidavit. The trial court never questioned the Defendant about whether he wanted defense counsel to withdraw so he could present him as a witness at the revocation hearing, or whether he wanted to waive his right to conflict-free counsel.
The Defendant testified he confessed to the substantive crimes because he believed he had been offered immunity. The trial court rejected his testimony, found he knowingly and voluntarily confessed, and admitted his confession into evidence. At the hearing’s conclusion, the trial court revoked the Defendant’s probation, finding he violated his probation by committing substantive criminal offenses.
As a potential witness on a material issue — the voluntariness of the Defendant’s confession to substantive criminal charges that formed the basis of the revocation of probation — defense counsel had an actual conflict of interest in this case. See Guzman v. State, 644 So. 2d 996 (Fla.1994). Defense counsel’s continued representation of the Defendant throughout the revocation proceedings prejudiced the Defendant because it interfered with his right to present all relevant evidence. See Larzelere v. State, 676 So. 2d 894 (Fla.1996). Because there was an actual conflict of interest and a showing -of prejudice, the trial court should have questioned the Defendant about whether he wished to waive his right to conflict-free counsel and proceed with the revocation hearing. See Blackwood v. State, 755 So. 2d 699 (Fla. 4th DCA 1999). By failing to ensure the Defendant understood the implications of proceeding with defense counsel as his attorney and by failing to secure a valid waiver from the Defendant, the trial court committed reversible error. Accordingly, we reverse and remand for a new probation hearing with either conflict-free counsel or a waiver of conflict.
REVERSED AND REMANDED.
WARNER, C.J., GUNTHER and STEVENSON, JJ., concur.
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Gerri Toneatti v. State, 805 So. 2d 112 (Fla. 4th DCA 2002)…(Fla. 4th DCA 2000), section 27.53(3) also enables the court to sua sponte appoint conflict-free counsel when a conflict is apparent and the facts developed on the face of the record and files disclose that a conflict exists. In Delarosa v. State, 757 So. 2d 1284 (Fla. 4th DCA 2000), this court held that a conflict of interest existed at a revocation hearing where defense counsel had information bearing upon the voluntariness of the defendant’s confession to criminal charges which formed the basis for the pr…
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Cadejuste v. State, 993 So. 2d 122 (Fla. 4th DCA 2008)…court failed to ensure that Cadejuste understood the implications of proceeding with MacRae as his attorney and failed to secure a valid waiver from Cadejuste. The actual conflict without a waiver resulted in reversible error. See Delarosa v. State, 757 So. 2d 1284 (Fla. 4th DCA 2000). The proceeding in which the court struck Cadejuste’s motion to represent himself pro se did not constitute a waiver of his right to conflict free counsel. In fact, the court did not mention or discuss a waiver of Cadejuste’s rig…
Authorities Cited
- Guzman v. State, 644 So. 2d 996 (Fla. 1994)
- Blackwood v. State, 755 So. 2d 699 (Fla. 4th DCA 1999)