TERRY CADET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry Cadet, a sixteen-year-old, entered a no-contest plea to robbery with a firearm and received a twenty-year sentence with a ten-year mandatory minimum. The trial court denied his motion to withdraw the plea without appointing conflict-free counsel, despite Cadet's allegation that his original attorney coerced him into the plea. The appellate court reversed, holding that when a defendant makes a facially valid claim of attorney coercion, the trial court must appoint conflict-free counsel and conduct an evidentiary hearing.
The trial court erred by denying Cadet's motion to withdraw his plea without appointing conflict-free counsel. When a defendant makes a facially valid claim that he was coerced by his attorney into entering a plea, the trial court must either appoint conflict-free counsel or permit the defendant to secure new counsel, and then conduct an evidentiary hearing on the motion to withdraw the plea.
[1] A trial court must appoint conflict-free counsel to represent a defendant on a motion to withdraw a plea when the defendant claims coercion by their attorney.
[2] A defendant's claim of attorney coercion in entering a plea, if facially valid, requires the trial court to appoint new counsel and conduct an evidentiary hearing on the…
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Join FLexlaw to unlock all legal intelligence“Where a defendant seeks to withdraw his plea on the ground that he was coerced by his attorney, the trial court must either appoint conflict-free counsel or permit the defendant the opportunity to secure the same, and then conduct an evidentiary hearing on the motion to withdraw the plea.”
Establishes the legal standard that trial courts must follow when a defendant alleges attorney coercion in plea withdrawal motions.
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Join FLexlaw to unlock all legal intelligenceCadet, age sixteen, was transferred to adult court and entered an open plea of nolo contendere to robbery with a firearm. At the sentencing hearing, C…
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STEVENSON, J.
Appellant, sixteen-year-old Terry Cadet, pled no contest to one count of robbery with a firearm. Prior to the imposition of sentence, Cadet sought to withdraw his plea, citing pressure from his attorney. The trial judge denied his request and sentenced Cadet to twenty years in prison with a ten-year minimum mandatory prison stay, pursuant to the “ten-twenty-life” legislation, followed by ten years probation. Because we find that the. trial judge should have appointed conflict-free counsel to represent Cadet on the motion to withdraw his plea, we reverse the sentence and remand for further proceedings.
Cadet’s case was transferred to adult court where he entered an open plea of nolo contendere. At the sentencing hearing, Cadet’s attorney, Sebastian Cotrone, informed the trial judge that Cadet wanted to withdraw his plea. When asked for the basis of the request to withdraw the plea, Cotrone stated: “I don’t see any grounds. He did it freely and voluntarily. I was here when he did it. The Court went through a pretty long colloquy.” The trial judge denied the request. Later in the sentencing hearing, when the trial court asked Cadet if he had anything to say in his own behalf, Cadet stated that he wanted to withdraw his plea and go to trial. During the discussion which followed, Cadet informed the trial judge that he had told Cotrone that he wanted to take the case to trial but that Cotrone “pressured” him into entering the plea. The trial judge proceeded to impose sentence, and Cadet now contends that it was error for the court to deny his motion to withdraw his nolo plea without conducting a hearing on his claim that his plea was coerced by counsel.
Where a defendant seeks to withdraw his plea on the ground that he was coerced by his attorney, the trial court must either appoint conflict-free counsel or permit the defendant the opportunity to secure the same, and then conduct an evidentiary hearing on the motion to withdraw the plea. See Lingenfelser v. State, 734 So. 2d 472 (Fla. 4th DCA 1999); Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996); see also Holifield v. State, 717 So. 2d 69 (Fla. 1st DCA 1998). Here, Cadet told the trial judge that Cotrone put “pressure” on him to enter the plea, and that he had consistently told Cotrone that he wanted to take the matter to trial. When it became clear that Cadet was making a faeially-valid claim that he had been coerced by his counsel, it was incumbent upon the trial judge to appoint conflict-free counsel or permit Cadet to secure new counsel. See Lingenfelser; Roberts.
Upon review, we find a sufficient basis in the record to require the appointment of conflict-free counsel to represent Cadet. Consequently, on remand, we direct the trial court to appoint new counsel for Cadet and, then, to consider the merits of Cadet’s motion to withdraw his plea.
REVERSED and REMANDED.
POLEN, C.J., and TAYLOR, J., concur.
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Peterson v. State, 881 So. 2d 1129 (Fla. 4th DCA 2004)…rm of representation, where he is represented by counsel and, at the same time, representing himself. There is, however, an exception to this rule where a defendant claims that his counsel coerced him into entering a plea. See, e.g., Cadet v. State, 795 So. 2d 228, 229 (Fla. 4th DCA 2001). We recognize that Peterson’s argument to this court is not coercion, but that his attorney misadvised him. Similarly, we recognize that the transcript of the [*1130] change of plea hearing and his -written plea agreement s…
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Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003)…nsel.” We agree with the holdings of our sister courts that a defendant is entitled to conflict-free counsel to 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 cou…
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Bullard v. State, 837 So. 2d 1125 (Fla. 4th DCA 2003)…oerced his client. We reverse and remand for the trial court to appoint conflict-free counsel to represent appellant for his Florida Rules of Criminal Procedure 3.170(Z) motion and to hold a new evidentiary hearing on the motion. See Cadet v. State, 795 So. 2d 228, 229 (Fla. 4th DCA 2001); Padgett 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 (Fl…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996)
- Wadie Michael Holifield v. State, 717 So. 2d 69 (Fla. 1st DCA 1998)
- Lingenfelser v. State, 734 So. 2d 472 (Fla. 4th DCA 1999)