ROY C. PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of appellant's Rule 3.850 motion without a hearing and remanded for an evidentiary hearing with appointment of conflict-free counsel.
A defendant raising a Rule 3.850 motion alleging conflict of interest with his public defender is entitled to an evidentiary hearing and representation by counsel other than the public defender.
[1] A defendant alleging conflict of interest with his public defender on a Rule 3.850 motion is entitled to appointment of independent counsel for the evidentiary hearing.
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Join FLexlaw to unlock all legal intelligenceParker was represented by the Public Defender of the Third Judicial Circuit in the trial court on an information to which he pled guilty. He subsequen…
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PER CURIAM.
The state has filed a “Suggestion for an Order Temporarily Relinquishing Jurisdiction to the Trial Court” for an evidentiary hearing upon appellant’s Rule 3.850, F.R. Cr.P., motion. The suggestion recites that the state attorney and the trial judge both agree that such should be done. The only points raised by appellant in his brief are predicated upon the trial court’s denying appellant’s motion without a hearing.
Appellant has filed in this cause a request for appointment of counsel to represent him in any evidentiary hearing held at the trial court level. Appellant has previously filed an affidavit of insolvency and was represented in the trial court on the information to which he pled guilty by the Public Defender of the Third Judicial Circuit. The allegations of his motion now before the court raise a conflict of interest between him and the Public Defender. We consider that appellant should be represented by an attorney at the hearing.
Reversed and remanded with directions that a hearing be held on appellant’s Rule 3.850, F.R.Cr.P., motion and that an attorney other than the Public Defender be appointed (pursuant to § 27.53, Florida Statutes) to represent appellant on his motion.
RAWLS, C. J., and McCORD and JOHNSON, JJ., concur.
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Les Robinson v. Town OF Palm Beach Shores, 388 So. 2d 314 (Fla. 4th DCA 1980)…e to amend. Appellee poses a third question: that is, whether appellant waived any right to appeal the refusal to grant leave to amend by failing to file a motion for rehearing and to amend the complaint, as suggested by Town of Micanopy v. Connell, 304 So. 2d 478 (Fla. 1st DCA 1974). We answer appellant’s first question affirmatively. The validity of a municipal ordinance may be tested in an action for declaratory relief. The statute itself so provides. § 86.021 Fla.Stat. (1979). And see Keay v. City of Co…
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