CHARLES W. MULLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins’ timely representation that he was misinformed as to his sentence exposure. We reverse.
“This Court has consistently held that, ‘once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(¿) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.’ ” Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing 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)). Because the trial court failed to do so here, its 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 for proceedings consistent with this opinion.
ALLEN, DAVIS, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Darius D. Jones v. State, 987 So. 2d 109 (Fla. 1st DCA 2008)…ial counsel misinformed him as to the sentence he would receive if he admitted violating his probation. Because the trial court failed to appoint conflict-free counsel, its denial of appellant’s motion is reversed and remanded. See Mullins v. State, 981 So. 2d 1281 (Fla. 1st DCA 2008). Upon remand, conflict-free counsel shall be appointed to assist appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. DAVIS, VAN NORTWICK, and POLSTON, JJ., concur.…
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Levinston E. Grier v. State, 14 So. 3d 252 (Fla. 1st DCA 2009)…avail himself of the rule 3.170G) procedure. Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002); see also Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005); Mosley v. State, 932 So. 2d 1239, 1239 (Fla. 1st DCA 2006); Mullins v. State, 981 So. 2d 1281, 1282 (Fla. 1st DCA 2008). Accordingly, the trial court was required to appoint conflict-free counsel upon Grier’s facially sufficient and timely filed rule 3.170(0 motion. Therefore, we reverse the trial court’s order denying Grier’s motions to wit…
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Jimetavious Brown v. State, 994 So. 2d 1254 (Fla. 1st DCA 2008)…il himself of the rule 3.170(i) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.’”) (citation omitted). Accord Jones v. State, 987 So. 2d 109, 109 (Fla. 1st DCA 2008); Mullins v. State, 981 So. 2d 1281, 1282 (Fla. 1st DCA 2008); Mosley v. State, 932 So. 2d 1239, 1239 (Fla. 1st DCA 2006). Accordingly, we REVERSE the order and REMAND for the appointment of conflict-free counsel to assist Appellant in this cause. BARFIELD, DAVIS, and HAWKES, JJ.,…
Authorities Cited
- 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)
- Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006)
- Miller v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006)