JOSEPH ANDRE NAVARRO
v.
STATE OF FLORIDA
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A defendant is entitled to court-appointed counsel to assist with a pro se motion to withdraw a guilty plea if he was indigent at the time the motion was filed, following withdrawal of his private counsel.
[1] A criminal defendant who loses retained counsel and seeks to withdraw a guilty plea is entitled to appointed counsel if he was indigent at the time he filed or could have…
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“If the court determines that Appellant was indigent, it shall set aside the order denying his motion, appoint counsel to assist him in refiling a motion to withdraw plea if he wishes to do so, and conduct a new hearing on Appellant's motion.”
The court's instructions on remand regarding the proper procedure if indigency is established.
Joseph Andre Navarro's privately retained attorney withdrew from his criminal case. Navarro then filed a pro se motion to withdraw his plea without be…
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WALLIS, J.
Appellant, Joseph Andre Navarro, appeals the order denying his pro se Motion to Withdraw Plea. He argues that the trial court erred by not appointing counsel to represent him in this proceeding after his privately retained attorney withdrew from the case. The State concedes this point but argues that Appellant would only be entitled to court-appointed counsel if he was indigent at the time that he filed his motion. We agree and reverse for the trial court to determine if Appellant was indigent at the time that he filed or could have filed his motion. If the court determines that Appellant was indigent, it shall set aside the order denying his motion, appoint counsel to assist him in refiling a motion to withdraw plea if he wishes to do so, and conduct a new hearing on Appellant’s motion. See Hart v. State, 213 So. 3d 1114, 1115 (Fla. 5th DCA 2017) (holding appellant was entitled to counsel after private counsel withdrew from case and remanding for trial court to appoint counsel if it determined that appellant was indigent at the time he filed pro se motion to withdraw plea).
REVERSED and REMANDED with Instructions.
SASSO and NARDELLA, JJ., concur.