HERBERT BANKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERBERT BANKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
927 So. 2d 169
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In this direct criminal appeal, we reverse the trial court’s order denying appellant’s pro se motion to withdraw his plea, and remand with directions that the trial court appoint conflict-free counsel to assist appellant in the preparation and presentation of his motion. See, e.g., Young v. State, 910 So. 2d 899 (Fla. 1st DCA 2005); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005); Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002); Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002); Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002).
REVERSED and REMANDED, with directions.
WOLF, WEBSTER and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA 2007)…rict courts have specifically held that a defendant is entitled to court-appointed counsel to advise and assist him in preparing his rule 3.170(Z) motion to withdraw his plea. See Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006); Banks v. State, 927 So. 2d 169 (Fla. 1st DCA 2006); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005); Smith v. State, 849 So. 2d 485 (Fla. 2d DCA 2003); Meeks v. State, 841 So. 2d 648 (Fla. 2d DCA 2003); Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002). The state argues t…
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Jones v. City OF ST. Petersburg, 46 So. 3d 637 (Fla. 1st DCA 2010)…ed from conditions over which the employer or carrier had no control. See Turner v. Miami-Dade County Sch. Bd., 967 So. 2d 315 (Fla. 1st DCA 2007) (explaining Employer/Carrier has burden of proving penalties should be excused); Dollar Gen. v. McCoy, 927 So. 2d 169 (Fla. 1st DCA 2006) (same); cf. Mitchell v. Sunshine Cos., 850 So. 2d 682 (Fla. 1st DCA 2003) (holding voluntary acceptance and payment of PTD benefits retroactive to a particular date relieves claimant of burden of proving date entitlement to PTD b…
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Doretta Turner v. Miami-Dade Cnty. Sch. Bd. & Gallagher-Bassett Servs., Inc., 967 So. 2d 315 (Fla. 1st DCA 2007)…s, the E/SA, not claimant, have the burden to offer “any relevant evidence showing that [they were] unaware, as of the date on which claimant alleged benefits were due, of facts supporting the obligation to pay those benefits.” Dollar Gen. v. McCoy, 927 So. 2d 169, 170 (Fla. 1st DCA 2006). The E/SA, however, presented no evidence that they were ever unaware, as of January 4, 2002, that they were required to pay claimant impairment benefits for her back injury. As such, it was incumbent on the JCC to award bot…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002)
- Lester v. State, 820 So. 2d 1078 (Fla. 1st DCA 2002)
- Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002)
- M.K. v. Dep't OF Juv. Just., 897 So. 2d 553 (Fla. 1st DCA 2005)
- Moline v. State, 910 So. 2d 899 (Fla. 1st DCA 2005)