JAMES BULLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Bullard appeals the denial of his motion to withdraw a guilty plea to grand theft auto and related charges. The court reversed because the trial court failed to appoint conflict-free counsel when a conflict between Bullard and his attorney became apparent during the withdrawal hearing.
The trial court was required to appoint conflict-free counsel because the motion to withdraw plea is a critical stage in criminal proceedings and Bullard was entitled to conflict-free representation. The apparent conflict, evidenced by counsel's certificate of conflict and Bullard's express disagreement with counsel at the hearing, mandated appointment of new counsel.
[1] A defendant is entitled to conflict-free counsel at a hearing on a motion to withdraw a plea when the defendant and counsel take adversarial positions regarding the event…
[2] The right to counsel is a fundamental constitutional right, and its infringement cannot be treated as harmless error.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a hearing on a motion to withdraw plea is a critical stage in criminal proceedings, and Appellant is entitled to conflict-free counsel”
Establishes the fundamental right at issue and why the trial court's failure to appoint new counsel was error
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Join FLexlaw to unlock all legal intelligenceBullard pleaded guilty to grand theft auto, providing false identification to a police officer, and fleeing and attempting to elude a police officer. …
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PER CURIAM.
Appellant challenges the trial court’s denial of his timely motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(J). Appellant pled guilty to grand theft auto, providing false identification to a police officer, and fleeing and attempting to elude a police officer. After the trial court accepted his plea, Appellant, through counsel, filed a motion to withdraw plea. Simultaneously, counsel filed a certificate of conflict and motion to withdraw. At the hearing held on the motions, the trial court only addressed Appellant’s motion to withdraw plea. The certificate of conflict and motion to withdraw was not discussed. Subsequently, at the hearing, Appellant expressly disagreed with his counsel as to what happened while counsel was advising him concerning the plea.
We take no position on the merits of Appellant’s motion to withdraw his plea. However, a hearing on a motion to withdraw plea is a critical stage in criminal proceedings, and Appellant is entitled to conflict-free counsel. See Rodgers v. State, 765 So. 2d 195 (Fla. 1st DCA 2000). Because it was apparent by counsel’s certificate of conflict and motion to withdraw, and Appellant’s express disagreement with counsel at the hearing, that counsel and Appellant had taken adversarial positions, the trial court was required to appoint conflict-free counsel to advise Appellant on his motion to withdraw plea. Jones v. State, 827 So. 2d 1086, 1087 (Fla. 1st DCA 2002); see also Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002). Accordingly, the order denying Appellant’s motion to withdraw plea is reversed and the case remanded for appointment of conflict-free counsel and a new hearing on Appellant’s motion.
REVERSED and REMANDED.
WOLF, C.J., BROWNING and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002)
- Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002)
- Fletcher Rodgers v. State, 765 So. 2d 195 (Fla. 1st DCA 2000)