STEPHEN CORY MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to conflict-free counsel when filing a motion to withdraw a plea under Florida Rule of Criminal Procedure 3.170(i).
Stephen Cory Miller appealed an order denying his motion to withdraw his plea. The appellate court did not reach the merits of the motion.…
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SALCINES, Judge.
Stephen Cory Miller appeals from the order denying his motion to withdraw plea. Without addressing the merits of the motion itself, we reverse the order denying the motion because Miller was not afforded the conflict-free counsel to which he was entitled at the hearing on the motion.
This court acknowledged in Harris v. State, 818 So. 2d 567, 568 (Fla. 2d DCA 2002), “that a motion filed pursuant to Florida Rule of Criminal Procedure 3.170(i) has been treated as a critical stage of proceedings in the trial 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 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 STRINGER, JJ., Concur.
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Garcia v. State, 846 So. 2d 660 (Fla. 2d DCA 2003)…sufficient to warrant a hearing. Because a motion pursuant to rule 3.170 has been treated as a critical stage of proceedings in the trial court, Garcia was entitled to be present at the hearing and to have counsel represent him. See Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003) (holding that a defendant is entitled to conflict-free counsel to advise and assist with motions filed under rule 3.170(2)); Sanders v. State, 787 So. 2d 264 (Fla. 2d DCA 2001) (stating that a defendant is entitled to be present a…
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Newsome v. State, 877 So. 2d 938 (Fla. 2d DCA 2004)…e’s counsel’s position had become adverse to Newsome’s, thus entitling Newsome to the appointment of conflict-free counsel. See id. The trial court’s refusal to appoint conflict-free counsel was not harmless error. See id.; see also Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003). Because the trial court summarily dismissed Newsome’s motion to withdraw his plea without an evidentiary hearing at which Newsome could be present, and because the court failed to appoint conflict-free counsel to represent Newso…
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Mann v. State, 851 So. 2d 901 (Fla. 3d DCA 2003)…revocation of probation would likewise be as an HVO. It is clear that in saying the sentence was as a habitual offender, rather than an HVO, this was a mere slip of the tongue which did not give rise to a double jeopardy issue. See McCray v. State, 838 So. 2d 1213 (Fla. 3d DCA 2003). The sentence was not increased after it was imposed, and thus there was no double jeopardy violation such as occurred in Ashley. Affirmed. . We have taken judicial notice of this court's files in Mann v. State, 824 So. 2d 330 (…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harris v. State, 818 So. 2d 567 (Fla. 2d DCA 2002)
- Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002)
- Cadet v. State, 795 So. 2d 228 (Fla. 4th DCA 2001)
- Fletcher Rodgers v. State, 765 So. 2d 195 (Fla. 1st DCA 2000)
- Williams v. State, 793 So. 2d 1112 (Fla. 4th DCA 2001)