ANTHONY KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SILBERMAN, Judge.
Anthony King challenges the denial of his motions to withdraw plea after sentencing for petit theft (case number 04-CF-22722) and driving while license revoked (habitual offender) (case number 04-CF-22907). Pursuant to Florida Rule of Criminal Procedure 3.170(l), King filed a pro se motion to withdraw his plea in each case. A rule 3.170(l) motion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel. Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006); Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005); Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004). King made no request to discharge his counsel, and nothing in the record reflects that counsel had been discharged. Thus, the trial court should have treated each motion as a nullity and stricken the motions. Therefore, we reverse the denial of the motions to withdraw plea and remand for the trial court to strike the pro se motions. See Johnson, 932 So. 2d at 1170; Grainger, 906 So. 2d at 383.
Reversed and remanded with directions.
KELLY and WALLACE, JJ., Concur.
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Sheppard v. State, 17 So. 3d 275 (Fla. 2009)…the motion should have been stricken because “[a] rule 3.170(l) motion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, courh-ap-pointed cou…1 / 3
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Sheppard v. State, 988 So. 2d 74 (Fla. 2d DCA 2008)…the motion should have been stricken because “[a] rule 3.170(Z) motion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, court-appointed coun…
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Ivory v. State, 988 So. 2d 1108 (Fla. 2d DCA 2008)…In this Anders1 appeal of his judgments and sentences, Ivory argues that the trial court erred in denying his pro se motion to withdraw plea. However, Ivory filed that motion without unequivocally requesting discharge of counsel. See King v. State, 939 So. 2d 1196 (Fla. 2d DCA 2006). Accordingly, we reverse and remand with directions that the trial court strike Ivory’s pro se motion to withdraw plea filed on September 5, 2006. See id. Reversed and remanded with directions. CASANUEVA and DAVIS, JJ., concu…
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
- Bennie Frank Smith v. State, 884 So. 2d 316 (Fla. 2d DCA 2004)
- Kasim McDONALD v. State, 884 So. 2d 316 (Fla. 2d DCA 2004)
- Grainger v. State, 906 So. 2d 380 (Fla. 2d DCA 2005)
- Hall v. State, 932 So. 2d 1169 (Fla. 2d DCA 2006)
- Johnson v. State, 932 So. 2d 1169 (Fla. 2d DCA 2006)