CHARLES WOODS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-06-11
No. 20-2034
Hill, J., Cohen, J., Harris, J., Nardella, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A defendant has a constitutional right to be present at a hearing on a motion to withdraw a guilty plea because such a hearing is a critical stage in the proceedings.

Headnotes

[1] A defendant has a constitutional right to be present at a hearing on a motion to withdraw a guilty plea, as such a hearing constitutes a critical stage of the criminal pr…

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Key Quotes

“It is well established that a defendant is entitled to be present at a hearing on a motion to withdraw plea because it is a critical stage in the proceedings.”

Court's statement of applicable law regarding defendant's right to presence
Facts & Procedural History

Charles Woods appealed the denial of his motion to withdraw his guilty plea to lewd or lascivious molestation. The trial court set the motion for hear…

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Topics
Lewd Or Lascivious Molestation Motion To Withdraw Plea

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Opinion of the Court
Nardella

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CHARLES WOODS,

Appellant,

v. Case No. 5D20-2034

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 11, 2021

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

This appeal stems from the denial of Charles Woods’ motion to withdraw his plea to the charge of lewd or lascivious molestation.

REVERSED AND REMANDED.

COHEN, HARRIS and NARDELLA, JJ., concur.

1 The record is silent as to whether Woods was at the local jail or in a holding cell at the courthouse.

Footnotes
2 Because the record did not conclusively refute the allegations in Woods’ motion, the trial court set the matter for a hearing and arranged for him to be transported from the Department of Corrections. Although Woods was not in the courtroom, the trial court conducted the hearing and denied his motion.1 It is well established that a defendant is entitled to be present at a hearing on a motion to withdraw plea because it is a critical stage in the proceedings. Krautheim v. State, 38 So. 3d 802, 804–05 (Fla. 2d DCA 2010). The State concedes error, and as such, we reverse and remand for further proceedings.

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