DANIEL PAUL BIBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to conflict-free counsel when his attorney must defend himself against the defendant's allegations of coercion regarding a plea.
The defendant pleaded guilty to armed robbery as part of a plea agreement. His attorney later filed a motion to withdraw the plea, alleging the defend…
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PER CURIAM.
Daniel Paul Bible appeals judgments and sentences entered after the trial court denied his motion to withdraw his plea. Mr. Bible argues that he was entitled to the appointment of conflict-free counsel to represent him in seeking to withdraw his plea. The State having conceded error, we reverse.
While on probation, Mr. Bible was charged with armed robbery, armed kidnaping, and aggravated battery. Mr. Bible entered into a plea agreement in which he admitted to the violation of probation and pleaded guilty to the armed robbery. In exchange, the ' State entered a nolle prosequi as to the armed kidnaping and aggravated battery charges and agreed to a cap on each of the sentences to be imposed. Prior to sentencing, however, Mr. Bible’s counsel filed a motion to withdraw the plea.
At a hearing on the motion, Mr. Bible’s counsel explained that Mr. Bible believed counsel had coerced or pressured him into the plea agreement. Counsel then affirmatively defended himself and denied these allegations. Because counsel argued a position adverse to that asserted by his client, a direct conflict arose between them, and Mr. Bible was entitled to the appointment of conflict-free counsel to argue the motion. See Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999). The State has conceded this error. We therefore reverse the order denying the motion to withdraw the plea and remand for the appointment of conflict-free counsel and a new hearing on the motion.
Reversed and remanded.
ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
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Meeks v. State, 841 So. 2d 648 (Fla. 2d DCA 2003)…g counsel to represent him in the matter. We agree. A criminal defendant facing incarceration has a right to counsel at every critical stage of the proceedings against him. Wofford v. State, 819 So. 2d 891, 892 (Fla. 1st DCA 2002); Bible v. State, 779 So. 2d 517, 517 (Fla. 2d DCA 2000); Padgett v. State, 743 So. 2d 70, 72 (Fla. 4th DCA 1999). A motion to withdraw plea pursuant to rule 3.170(£) is such a critical stage of the criminal proceedings. Bible, 779 So. 2d 517. Reversed and remanded with direction…1 / 2
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J.D.F. v. State, 870 So. 2d 86 (Fla. 2d DCA 2003)…l of Roberts’ counsel’s motion to withdraw placed counsel in an actual conflict of interest with his client, who consequently “did not have a conflict-free attorney advocating for withdrawal of his guilty plea.” Id. at 1045. See also Bible v. State, 779 So. 2d 517 (Fla. 2d DCA 2000) (reversing denial of motion to withdraw plea and remanding for new hearing because conflict-free counsel was not appointed). Likewise in this case, the trial court’s erroneous denial of J.D.F.’s counsel’s motion deprived J.D.F. of…
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Bullard v. State, 837 So. 2d 1125 (Fla. 4th DCA 2003)…v. State, 743 So. 2d 70, 73-74 (Fla. 4th DCA 1999); Hope v. State, 682 So. 2d 1173, 1174 (Fla. 4th DCA 1996); Roberts v. State, 670 So. 2d 1042, 1045-46 (Fla. 4th DCA 1996); Jones v. State, 827 So. 2d 1086, 1087 (Fla. 1st DCA 2002); Bible v. State, 779 So. 2d 517 (Fla. 2d DCA 2000); George v. State, 753 So. 2d 678 (Fla. 1st DCA 2000). REVERSED AND REMANDED. STONE, SHAHOOD and GROSS, JJ., concur.…
Authorities Cited
- Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)