AVALON KEVIN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AVALON KEVIN JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
923 So. 2d 1259
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant challenges the trial court’s denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.170(i). He properly asserts that the trial court erred in not appointing conflict-free counsel for the hearing on the motion. See Bullard v. State, 860 So. 2d 452 (Fla. 1st DCA 2003).
Accordingly, the order denying appellant’s motion to withdraw the plea is reversed, and the case is remanded for appointment of conflict-free counsel and for a new hearing on appellant’s motion.
BARFIELD, WOLF, and BROWNING, JJ., concur.
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P.Y. v. State, 976 So. 2d 1168 (Fla. 1st DCA 2008)…or factors already considered by the Department, the trial court must explain why such evidence led the court to reach a conclusion which differs from the Department’s.” (citing J.W.M. v. State, 911 So. 2d 1289 (Fla. 1st DCA 2005))); D.B. v. State, 923 So. 2d 1259, 1260 (Fla. 1st DCA 2006). Basing its decision on the protection of the public did not absolve the court of its responsibility to relate the level of commitment it imposed to the needs or attributes of the particular child. See A.C.N., 727 So. 2d a…
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A.S. v. State, 934 So. 2d 583 (Fla. 1st DCA 2006)…l. See K.B v. State, 923 So. 2d 1261, 1262 (Fla. 1st DCA 2006) (holding that the trial court failed to explain why its consideration of the same factors considered by DJJ in its recommendation led it to different conclusion than DJJ); D.B. v. State, 923 So. 2d 1259, 1260 (Fla. 1st DCA 2006) (holding that merely restating the facts is legally insufficient to support a deviation from DJJ’s recommendation); C.J. v. State, 923 So. 2d 553, 554 (Fla. 1st DCA 2006) (holding that the trial court erred because it did n…
Authorities Cited
- McKINNEY v. State, 860 So. 2d 452 (Fla. 1st DCA 2003)