DANNY C. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-12-16
No. 5D10-3611
ORFINGER, C.J., TORPY, and LAWSON, JJ., concur.
76 So. 3d 1047 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Danny C. Taylor appeals his conviction and sentence for driving under the influence with two prior convictions, arguing error in the trial court’s handling of his pro se motion to withdraw plea after sentencing. As Taylor argues, and the State concedes, a hearing on a motion to withdraw plea is a critical stage of the proceeding at which a defendant has a constitutional right to counsel. Wofford v. State, 819 So.2d 891 (Fla. 1st DCA 2002). The trial court conducted a hearing on the motion with Taylor unrepresented, and without offering him counsel. Accordingly, we reverse the denial of Taylor’s motion to withdraw plea and remand for a new hearing on the motion. Id.

REVERSED and REMANDED with directions.

ORFINGER, C.J., TORPY, and LAWSON, JJ., concur.

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  • Lowe v. State, 225 So. 3d 953 (Fla. 5th DCA 2017)
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    …ntered on the VOP, the trial court failed to enter a written order specifying which conditions of probation were violated. Therefore, we vacate the VOP judgment and remand for the entry of an appropriate written final judgment. See Roberts v. State, 76 So. 3d 1047, 1048 (Fla. 5th DCA 2011) (vacating a judgment that failed to specify which conditions of probation had been violated and remanding for the entry of a proper judgment, reasoning that “[t]his court has consistently held that the trial judge must spec…
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