RODERICK R. LESTER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Searcy v. State, 971 So. 2d 1008 (Fla. 3d DCA 2008)
  …appoint conflict-free counsel to advise and assist); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005) (same); Smith v. State, 849 So. 2d 485 (Fla. 2d DCA 2003) (same); Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002) (same); Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002) (same); Williams v. State, 793 So. 2d 1112 (Fla. 4th DCA 2001) (same). Here, the defendant indirectly alleges in his motion to withdraw his plea that his plea was involuntary because it was based in part on counsel’s representati…
• Vermont Smith v. State, 849 So. 2d 485 (Fla. 2d DCA 2003)
  …a Rule of Criminal Procedure 3.170®. We agree and reverse. An indigent defendant has the right to court-appointed counsel to assist in filing a rule 3.170(0 motion. Padgett v. State, 743 So. 2d 70, 73 (Fla. 4th DCA 1999); see also Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002) (holding “once a defendant indicates his desire to avail himself of the rule 3.170(0 procedure, [*486] the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard”). In the present…
• Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003)
  …rial court for which the defendant is entitled to counsel.” 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 re…

Authorities Cited

• Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002)