THEDRICE LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On the facts of this case, appellant The-drice Lewis was entitled to appointment of conflict-free counsel to assist him in pursuing a motion to withdraw his plea. Appellant charged in the motion that counsel had coerced him into accepting the plea even though he was innocent and wanted to proceed to trial. Accordingly, 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. 1st DCA 1998); Brye v. State, 702 So. 2d 256, 257 (Fla. 1st DCA 1997).
KAHN, PADOVANO and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002)…tate, 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 (Fla. 1st DCA 2002) (indicating defendant entitled to appointment of conflict-free counsel to assist in pursuing motion to withdraw plea); Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002) (same). Here, it was clear at the onset of the hea…
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Fletcher v. State, 890 So. 2d 1167 (Fla. 5th DCA 2004)…clear that a defendant and his counsel had “taken adversarial positions concerning what had actually happened while counsel was advising his client concerning the plea,” the defendant was entitled to conflict-free counsel); see also Lewis v. State, 812 So. 2d 597, 598 (Fla. 1st DCA, 2002) (indicating defendant -entitled to appointment of conflict-free counsel to assist in pursuing motion to withdraw plea); Toliver v. State, 737 So. 2d 1142, 1143 (Fla. 1st DCA 1999). Accordingly, we reverse the trial court’s…
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Watts v. State, 829 So. 2d 352 (Fla. 1st DCA 2002)…gesting that trial counsel coerced the appellant into entering the plea, and this created a conflict in the representation which required the court to offer substitute counsel to represent the appellant in connection with the motion. Lewis v. State, 812 So. 2d 597 (Fla. 1st DCA 2002); George v. State, 758 So. 2d 678 (Fla. 1st DCA 2000). The appealed order is therefore reversed, and the case is remanded. ALLEN, C.J., DAVIS and PADOVANO, JJ., concur.…
Authorities Cited
- Wadie Michael Holifield v. State, 717 So. 2d 69 (Fla. 1st DCA 1998)
- Karg v. State, 706 So. 2d 124 (Fla. 1st DCA 1998)
- Zeiszler v. State, 765 So. 2d 128 (Fla. 1st DCA 2000)
- Fletcher Rodgers v. State, 765 So. 2d 195 (Fla. 1st DCA 2000)
- George v. State, 753 So. 2d 678 (Fla. 1st DCA 2000)
- Sher v. Sher, 702 So. 2d 256 (Fla. 3d DCA 1997)
- Brye v. State, 702 So. 2d 256 (Fla. 1st DCA 1997)
- James v. State, 773 So. 2d 659 (Fla. 1st DCA 2000)
- Jones v. Seabury & Smith, Inc., 773 So. 2d 659 (Fla. 1st DCA 2000)