JAMES LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Lopez appeals the trial court’s denial of his motion to withdraw his plea. Finding Lopez was improperly denied conflict-free counsel for the hearing of that motion, we reverse.
Lopez was charged with a variety of serious offenses in four separate cases. He entered an open plea to those charges and the trial court ordered a pre-sentence investigation because the State sought sentencing under the Prison Releasee Re-offender statute.
Prior to sentencing, Lopez filed a pro-se motion to withdraw his plea, alleging that his public defender had coerced him into entering the plea. Lopez was entitled to appointment of conflict-free counsel for the hearing on that motion. See Harvey v. State, 4 So.3d 1266, 1267 (Fla. 5th DCA 2009).
REVERSED and REMANDED for a new hearing on the motion to withdraw plea.
COHEN, WALLIS and LAMBERT, JJ., concur.