DARIUS D. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant Darius Jones appeals the denial of his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(i). Appellant argues the trial court reversibly erred by failing to appoint conflict-free counsel upon his timely representation that trial 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jimetavious Brown v. State, 994 So. 2d 1254 (Fla. 1st DCA 2008)…ly held that, ‘once a defendant indicates his desire to avail 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…
Authorities Cited
- Mullins v. State, 981 So. 2d 1281 (Fla. 1st DCA 2008)