YOUNG
v.
STATE OF FLORIDA

Fla. 2d DCA | 2024-10-02
No. 2D2022-1196
2024 FL 11694 Florida District Court of Appeal, Second District (2024)

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Holding

A trial court must renew the offer of appointed counsel before summarily denying a defendant's motion to withdraw a plea under Florida Rule of Criminal Procedure 3.170(l), because such a motion constitutes a critical stage of proceedings at which an indigent defendant is entitled to court-appointed counsel.


Headnotes

[1] A motion to withdraw a guilty plea under Florida Rule of Criminal Procedure 3.170(l) constitutes a critical stage of proceedings during which an indigent defendant is ent…

[2] When a defendant has waived counsel at one stage of proceedings, the trial court must renew the offer of appointed counsel at each subsequent crucial stage at which the d…

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Facts & Procedural History

Young was on probation in three cases when the State charged him with two new drug offenses. He represented himself with standby counsel and negotiate…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

RODARIUS RECARDO YOUNG,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D2022-1196

October 2, 2024 Appeal from the Circuit Court for Hillsborough County; Samantha L. Ward, Judge. Wade M. Whidden of Whidden Law, Tampa, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Alicia M. Winterkorn, Assistant Attorney General, Tampa, for Appellee. KHOUZAM, Judge.

Rodarius Recardo Young appeals his judgment and sentences for

one count of attempted premeditated murder and one count of

aggravated battery with great bodily harm. We affirm the judgment and

sentences in all respects without prejudice to any right Mr. Young may

have to seek relief pursuant to Florida Rule of Criminal Procedure 3.850.

2

Affirmed.

SLEET, C.J., and ROTHSTEIN-YOUAKIM, J., Concur.


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