KENDALL MCDONALD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Harris v. State, 818 So. 2d 567 (Fla. 2d DCA 2002)
  …to conflict-free counsel at the hearing on the motion to withdraw plea. We decline to address this issue because it was not raised in the trial court and the facts giving rise to the claim do not appear on the face of the record. See Stone v. State, 798 So. 2d 861, 863 (Fla. 4th DCA 2001); Fones v. State, 765 So. 2d 849, 850 (Fla. 4th DCA 2000). Finally, we note that Harris filed a pro se motion to withdraw his plea on the afternoon of August 23, 2000, while he was represented by counsel. The record does not…
• T.B. v. State, 990 So. 2d 651 (Fla. 4th DCA 2008)
  …CA 1998) (finding there was no testimony establishing a “series of acts” where defendant and alleged victim were involved in violent incidents on two occasions six months apart; nor did victim testify as to any “emotional distress”), Stone v. State, 798 So. 2d 861 (Fla. 4th DCA 2001) (holding defendant’s plea to charge of aggravated stalking was not supported by adequate factual basis where events occurred during single incident where defendant rammed his truck repeatedly into victim’s relatives’ home after u…
• Otheniel Alexis v. State, 874 So. 2d 1213 (Fla. 4th DCA 2004)
  …849 So. 2d 1105 (Fla. 4th DCA 2003). And fourth, the record does not reflect that defense counsel was adversarial with the defendant at the time of sentencing. Therefore, the court was not obligated to appoint conflict-free counsel. Stone v. State, 798 So. 2d 861 (Fla. 4th DCA 2001). We therefore affirm the conviction and sentence. This affirmance is without prejudice to the defendant’s ability to pursue available post-conviction relief. FARMER, C.J., and POLEN, JJ., concur.…

Authorities Cited

• Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)