DELMAR HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Delmar Hampton appealed the trial court's denial of his motion to withdraw a no contest plea, arguing he was denied his Sixth Amendment right to counsel. The Florida District Court of Appeal reversed, holding that an indigent defendant is entitled to court-appointed counsel when seeking to withdraw a guilty or nolo contendere plea, particularly where there are allegations of counsel misconduct.
An indigent defendant is entitled to court-appointed counsel at the critical stage of moving to withdraw a guilty or nolo contendere plea. The trial court's denial of Hampton's motion without providing counsel or an evidentiary hearing constituted per se reversible error under Chapman v. California.
[1] A motion to withdraw a plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.
[2] A trial court's denial of a motion to withdraw a plea without providing the defendant assistance of counsel or an evidentiary hearing is per se reversible error.
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Join FLexlaw to unlock all legal intelligence“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”
Establishes the fundamental right to counsel at the plea withdrawal stage, citing Padgett v. State.
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Join FLexlaw to unlock all legal intelligenceHampton was charged with sexual battery, possession of marijuana, and possession of paraphernalia. He pleaded no contest to lesser included offenses a…
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THREADGILL, EDWARD F., Senior Judge.
Delmar Hampton challenges the trial court’s denial of his motion to withdraw his no contest plea. Hampton was originally charged with sexual battery, possession of marijuana, and possession of paraphernalia. He was permitted to plead no contest to lesser included offenses and was sentenced to a total of eight years’ probation. We reverse and remand for further proceedings.
Hampton filed his motion to withdraw plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(0, which allows a defendant who has pleaded guilty or nolo contendere to appeal an involuntary plea if preserved by a motion to withdraw plea. Although Hampton raises two issues on appeal, one is dispositive. Hampton argues that the trial court’s refusal to appoint counsel to assist him in preparation of his motion to withdraw plea denied him his Sixth Amendment right to counsel. We agree. A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel. Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999).
The court denied Hampton’s motion without providing him assistance of counsel or an evidentiary hearing. This was per se reversible error. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Citing Cunningham v. State, 677 So. 2d 929 (Fla. 4th DCA 1996), the State argues that Hampton was not entitled to counsel because Hampton merely had a conflict with his counsel. However, as the court observes in Padgett, 743 So. 2d at 73-74, Cunningham is factually distinguishable. In Cunningham, there was no factual dispute regarding counsel’s allegedly coercive behavior that occurred in private and off the record. By contrast, Hampton alleged in his pro se motion to withdraw plea that his trial counsel had “lied to” and “deceived” him, inducing him to enter the plea. This type of conflict requires the appointment of counsel. See Padgett, 743 So. 2d at 73-74.
We affirm the judgment and sentence and reverse the trial court’s denial of Hampton’s motion to withdraw his plea. On remand the trial court shall conduct an evidentiary hearing on the motion and provide Hampton with conflict-free counsel.
Affirmed in part, reversed in part, and remanded.
FULMER and CASANUEVA, JJ., Concur.
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Sheppard v. State, 17 So. 3d 275 (Fla. 2009)…(“[I]t is clear from the record that Appellant had a conflict with his counsel insofar as his motion to withdraw plea was concerned; thus, the trial court erred in failing to appoint conflict-free counsel to represent Appellant.”); Hampton v. State, 848 So. 2d 405 (Fla. 2d DCA 2003) (remanding for an evidentiary hearing with conflict-free counsel on defendant’s motion to withdraw plea where defendant alleged counsel had lied to him and deceived him into entering the plea). CONCLUSION Based on our analysis,…
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Iaconetti v. State, 869 So. 2d 695 (Fla. 2d DCA 2004)…t 508. If the trial court decides to hold an evidentiary hearing, it must appoint conflict-free counsel to represent the defendant because such a hearing constitutes a “critical stage” of the proceedings. Daniel, 865 So. 2d at 661; Hampton v. State, 848 So. 2d 405, 405 (Fla. 2d DCA 2003). Here, Iaconetti alleged that she had been misled by her attorney concerning the length of her sentence. She contended that her attorney had told her that she would be sentenced to thirteen months in prison, which was the mi…
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Krautheim v. State, 38 So. 3d 802 (Fla. 2d DCA 2010)…CA 2004) (“[A] motion to withdraw a plea pursuant to rule 3.170(Z) is a ‘critical stage’ in which the defendant is entitled to effective assistance of counsel ....” (quoting Brown v. State, 835 So. 2d 402, 403 (Fla. 2d DCA 2003))); Hampton v. State, 848 So. 2d 405, 405 (Fla. [*805] 2d DCA 2008) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.”). Thus the circuit court erred when it denied Mr. Krautheim’s motion in h…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chapman v. California, 386 U.S. 18 (U.S. 1967)
- Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)
- Jay Cunningham t/n Milford Pinckney v. State, 677 So. 2d 929 (Fla. 4th DCA 1996)