FLETCHER RODGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant pled guilty to burglary and grand theft and was sentenced as a habitual offender to concurrent terms of ten years in prison. Eight days after sentencing, the appellant filed a motion to withdraw his plea pursuant to rule 3.170©, Florida Rules of Criminal Procedure. At the hearing on the motion, the trial court failed to appoint the appellant conflict-free counsel. Because the hearing was a critical stage in the criminal proceedings, the appellant was entitled to such counsel. See Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999). Therefore, we reverse and remand for the appointment of conflict-free counsel and a new hearing on the allegations contained in the appellant’s motion.
DAVIS, BENTON and PADOVANO, JJ., CONCUR.
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Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002)…ecomes clear a defendant and his counsel have “taken adversarial positions concerning what actually happened while counsel was advising his client concerning the plea,” the defendant is entitled to conflict-free counsel. Id. at 73; Rodgers v. State, 765 So. 2d 195, 196 (Fla. 1st DCA 2000) (indicating reversal required where trial court failed to appoint conflict-free counsel at hearing on motion to withdraw plea, because hearing was critical stage in criminal proceedings); Lewis v. State, 812 So. 2d 597, 598…
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Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003)…o advise and assist with motions filed pursuant to rule 3.170(i). See Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002); Cadet v. State, 795 So. 2d 228 (Fla. 4th DCA 2001); Williams v. State, 793 So. 2d 1112 (Fla. 4th DCA 2001); Rodgers v. State, 765 So. 2d 195 (Fla. 1st DCA 2000). The order denying the motion to withdraw plea is reversed. On remand the trial court shall appoint conflict-free counsel to represent Miller at a hearing on the motion. Reversed and remanded with directions. FULMER and STR…
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Thedrice Lewis v. State, 812 So. 2d 597 (Fla. 1st DCA 2002)…ly, we reverse and remand with directions that the lower court appoint conflict-free counsel to represent Lewis in further proceedings on the motion to withdraw the plea. See James v. State, 773 So. 2d 659, 659 (Fla. 1st DCA 2000); Rodgers v. State, 765 So. 2d 195, 196 (Fla. 1st DCA 2000); Zeiszler v. State, 765 So. 2d 128, 129 (Fla. 1st DCA 2000); George v. State, 753 So. 2d 678, 678 (Fla. 1st DCA 2000); Holifield v. State, 717 So. 2d 69, 69 (Fla. 1st DCA 1998); Karg v. State, 706 So. 2d 124, 124-25 (Fla. 1s…
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- Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)