ANGEL ANDY GUZMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred by summarily denying a motion to withdraw a guilty plea without first appointing conflict-free counsel to assist the defendant, as required by precedent establishing that the thirty-day window for such motions is a critical stage of criminal proceedings.
A defendant is entitled to the appointment of conflict-free counsel to advise and assist in preparing a motion to withdraw a plea under Florida Rule of Criminal Procedure 3.170(Z).
[1] A defendant is entitled to appointment of conflict-free counsel to advise and assist in preparing a motion to withdraw a guilty plea under Florida Rule of Criminal Proced…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the thirty-day window provided in rule 3.170(Z) is a critical stage of the criminal proceedings and it would be hollow indeed if the defendant were not allowed the guiding hand of counsel to assist in preparing the initial motion to withdraw the plea”
Court explaining why counsel must be appointed for Rule 3.170(Z) motions
Angel Andy Guzman filed a motion to withdraw his plea after sentencing, alleging his plea was involuntary due to trial counsel's misadvice, and reques…
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DAMOORGIAN, J.
Angel Andy Guzman appeals the trial court’s summary denial of his motion to withdraw the plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(Z). In that motion, after alleging that his plea was involuntary because of his trial counsel’s misadvice, Guzman requested that the court appoint conflict- free counsel. The court summarily denied his motion without appointing conflict-free counsel.
In Sehriber v. State, this court held that a defendant is entitled to the appointment of counsel to advise and assist him in preparing a rule 3.170(Z) motion to withdraw the plea. 959 So. 2d 1254, 1257 (Fla. 4th DCA 2007). Moreover, “the thirty-day window provided in rule 3.170(Z) is a critical stage of the criminal proceedings and it would be hollow indeed if the defendant were not allowed the guiding hand of counsel to assist in preparing the initial motion to withdraw the plea.” Id. (citing Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)). Accordingly, the trial court erred in summarily denying Guzman’s motion to withdraw the plea without first appointing conflict-free counsel to advise and assist Guzman in that motion. We reverse and remand, directing the trial court to appoint conflict-free counsel. The trial court may then determine whether to summarily deny the motion or to hold an evidentiary hearing.
Reversed and Remanded.
FARMER, J., concurs.
WARNER, J., concurs specially with opinion.
WARNER, J.,
concurring specially.
I concur in the result because of prior precedent, but as I said in concurring in Williams v. State, 959 So. 2d 830 (Fla. 4th DCA 2007), I believe that Florida Rule of Criminal Procedure 3.170(i) is not a critical stage of the proceedings. The rule should be eliminated, as the defendant always has relief available under Florida Rule of Criminal Procedure 3.850.
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Augustus Rose v. State, 199 So. 3d 525 (Fla. 4th DCA 2016)…URIAM. This is a defendant’s appeal of an order summarily denying his pro se motion to withdraw plea. We find that the trial court erred in failing to appoint counsel to assist the defendant in preparing and presenting the motion. Guzman v. State, 994 So. 2d 1252 (Fla. 4th DCA 2008) (holding that the trial court erred in denying defendant’s motion to withdraw the plea without first appointing conflict-free counsel to advise and assist defendant in the motion); Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA…
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Guzman v. State, 155 So. 3d 1209 (Fla. 4th DCA 2015)…use the sentence exceeds the six-year cap for a “technical or nonsubstantive violation” as stated in section 958.14, Florida Statutes (2003). We have reviewed our records for the defendant’s direct appeal in case number 4D07-4303. Guzman v. State, 994 So. 2d 1252, 1253 (Fla. 4th DCA 2008) (reversing the summary denial of a motion to withdraw plea after sentencing). The defendant admitted the violations of probation which included, among other things, his [*1210] commission of a murder in an unrelated case. T…
Authorities Cited
- Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)
- Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA 2007)
- Williams v. State, 959 So. 2d 830 (Fla. 4th DCA 2007)