YOUNG
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Adrian Young appealed consolidated convictions from a plea agreement resolving two drug delivery cases and probation violations in three other cases. The appellate court reversed the trial court's summary denial of Young's motion to withdraw his plea because the court failed to renew its offer of counsel at that critical stage of proceedings, despite Young's prior waiver of counsel being limited to the plea stage.
The court reversed the denial of Young's motion to withdraw his plea because the trial court violated Florida Rule of Criminal Procedure 3.111(d)(5) by failing to renew its offer of counsel at the critical stage of the Rule 3.170(1) motion, which constitutes a separate crucial stage distinct from the earlier plea stage at which counsel had been waived.
[1] A motion to withdraw a guilty plea under Florida Rule of Criminal Procedure 3.170(l) constitutes a critical stage of proceedings at which an indigent defendant is entitle…
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“A defendant may waive the right to counsel at each crucial stage of the proceedings so long as defendant gives the waiver in accordance with Florida Rule of Criminal Procedure 3.111(d). A waiver of counsel applies only to that stage of the proceedings and must be renewed at each subsequent crucial stage at which the defendant remains unrepresented.”
Establishes the principle that waivers of counsel are stage-specific and must be renewed at each subsequent critical stage
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYoung was on probation in three unrelated cases when the State filed two new charges against him for controlled cocaine buys. Representing himself wit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Appointed Counsel For Indigent Defendants cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
ADRIAN YOUNG,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Nos. 2D2023-1507, 2D2023-1508
CONSOLIDATED
December 20, 2024
Appeals from the Circuit Court for Hillsborough County; Barbara Twine Thomas, Judge. Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Krystle Celine Cacci, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. In this consolidated appeal, Adrian Young appeals from his judgments and sentences imposed pursuant to a plea agreement. He raises several issues on appeal across both cases, but we reverse only the denial of his postsentencing motion to withdraw his plea. Young was already on probation in three unrelated cases when the State filed two new charges against him, arising from separate controlled cocaine buys.1 Young represented himself with the assistance of standby counsel. He ultimately negotiated a global plea agreement that resolved all five matters: he pleaded guilty to the lesser included offense of simple delivery in the two pending cases, and he admitted violating his probation in the three previous cases. The trial court sentenced him to concurrent five-year prison sentences in each case, with credit for 502 days.
After sentencing, Young filed a pro se motion to withdraw his plea under Florida Rule of Criminal Procedure 3.170(l). Finding the motion legally insufficient, the trial court summarily denied it without first offering Young appointed counsel. This was error. A defendant may waive the right to counsel at each crucial stage of the proceedings so long as defendant gives the waiver in accordance with Florida Rule of Criminal Procedure 3.111(d). See Traylor v. State, 596 So. 2d 957, 968 (Fla. 1992). A waiver of counsel applies only to that stage of the proceedings and must be renewed at each subsequent crucial stage at which the defendant remains unrepresented. Id. at 968. Accordingly, if the trial court accepts a waiver of counsel at any stage, rule 3.111(d)(5) requires the court to renew the offer of counsel "at each subsequent stage of the proceedings at which the defendant appears without counsel."
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Vermont Smith v. State, 849 So. 2d 485 (Fla. 2d DCA 2003)
- J.M.B. v. State, 776 So. 2d 353 (Fla. 1st DCA 2001)
- Rickardo Stephens v. State, 141 So. 3d 701 (Fla. 4th DCA 2014)