JOHN MOSLEY, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
John Mosley appeals the summary denials of his motion to withdraw his plea and his motion for trial. “This Court has consistently held that, ‘once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(Z) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.’ ” Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)); see Young v. State, 910 So. 2d 899 (Fla. 1st DCA 2005); Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002). Accordingly, the trial court’s summary denials of Appellant’s motions are reversed and remanded. Upon remand, conflict-free counsel shall be appointed to assist Appellant in this cause.
REVERSED and REMANDED with INSTRUCTIONS.
KAHN, C.J., WEBSTER and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA 2007)…ition to this court’s decision in Padgett, other district 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…
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Searcy v. State, 971 So. 2d 1008 (Fla. 3d DCA 2008)…s); see also Schriber v. [*1012] State, 959 So. 2d 1254 (Fla. 4th DCA 2007) (holding that the 30-day window provided by Rule 3.170(Z) is a critical stage requiring counsel to assist in preparing the initial motion to withdraw plea); Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (providing that once a defendant indicates his desire to avail himself of Rule 3.170(Z), the trial court must appoint conflict-free counsel to advise and assist); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005) (same); Smith…
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Williams v. State, 959 So. 2d 830 (Fla. 4th DCA 2007)…; Whiting v. State, 929 So. 2d 673 (Fla. 5th DCA 2006). This distinction is not easy to enforce. See Bermudez v. State, 901 So. 2d 981 (Fla. 4th DCA 2005). The motion often requires the appointment of new, conflict-free counsel. See Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006). The rule does not contain the procedural specificity of rule 3.850 and has generated a number of reversals on appeal for failure to fulfill all procedural requirements. Although rule 3.850 does not expressly state that a motion…
Previewing 3 of 7 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)
- 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)