MICHAEL L. BULLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant entered an open plea of no contest to the charge of robbery with a deadly weapon. He was sentenced on February 12, 2002. Four days later he filed a motion to withdraw his plea. See Fla. R.Crim. P. 3.170(i). The motion contained a factually-based claim that his lawyer coerced him into entering the plea. At the hearing on the motion, the lawyer disputed appellant’s contention that he had coerced his client. We reverse and remand for the trial court to appoint conflict-free counsel to represent appellant for his Florida Rules of Criminal Procedure 3.170(Z) motion and to hold a new evidentiary hearing on the motion. See Cadet v. State, 795 So. 2d 228, 229 (Fla. 4th DCA 2001); Padgett v. State, 743 So. 2d 70, 73-74 (Fla. 4th DCA 1999); Hope v. State, 682 So. 2d 1173, 1174 (Fla. 4th DCA 1996); Roberts v. State, 670 So. 2d 1042, 1045-46 (Fla. 4th DCA 1996); Jones v. State, 827 So. 2d 1086, 1087 (Fla. 1st DCA 2002); Bible v. State, 779 So. 2d 517 (Fla. 2d DCA 2000); George v. State, 753 So. 2d 678 (Fla. 1st DCA 2000).
REVERSED AND REMANDED.
STONE, SHAHOOD and GROSS, JJ., concur.
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T.N. v. State, 896 So. 2d 878 (Fla. 2d DCA 2005)…or robbery by sudden snatching to be included under the offense of robbery because “robbery requires the use of force, violence, assault, or putting in fear, section 812.13, while robbery by sudden snatching does not.” Id.; see also Brooks v. State, 837 So. 2d 1125 (Fla. 4th DCA 2003) (holding that a defendant could not be sentenced as a habitual violent felony offender based on the offense of carjacking because carjacking was not included under the enumerated offense of robbery). We conclude that the offense…
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Brooks v. State, 873 So. 2d 1284 (Fla. 4th DCA 2004)…rjacking, the offense used to qualify Brooks as a habitual felony offender, is not an enumerated offense under section 775.084(l)(b), Florida Statutes (2000). This court reversed and remanded for a proper sentence to be entered. See Brooks v. State, 837 So. 2d 1125 (Fla. 4th DCA 2003). On May 23, 2003, in response to this court’s opinion, the trial court entered an order vacating the previous Judgment and Sentence and- scheduled a re-sentencing hearing. Immediately prior to the re-sentencing hearing, the stat…
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Plummer v. State, 969 So. 2d 1158 (Fla. 4th DCA 2007)…We remand for resentencing in connection with one point. The trial court agreed with Plummer that the violent habitual offender and related mandatory minimum portion of his sentence should be stricken with respect to LT 04-11634. Brooks v. State, 837 So. 2d 1125 (Fla. 4th DCA 2003). In so doing, the court did not determine that a resen-tencing hearing was required. We remand for the trial court to conduct a de novo sentencing hearing. See Ross v. State, 901 So. 2d 252 (Fla. 4th DCA 2005); see also Tumblin v…
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- Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)
- Roberts v. State, 670 So. 2d 1042 (Fla. 4th DCA 1996)
- Jones v. State, 827 So. 2d 1086 (Fla. 1st DCA 2002)
- Hope v. State, 682 So. 2d 1173 (Fla. 4th DCA 1996)
- Cadet v. State, 795 So. 2d 228 (Fla. 4th DCA 2001)
- Bible v. State, 779 So. 2d 517 (Fla. 2d DCA 2000)
- George v. State, 753 So. 2d 678 (Fla. 1st DCA 2000)