RICKARDO STEPHENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is entitled to conflict-free counsel when filing a motion to withdraw a plea after sentencing.
The defendant's counsel withdrew due to conflict, and the defendant filed a pro se motion to withdraw his plea. The trial court denied the motion with…
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Rickardo Stephens appeals the trial court’s denial of his pro se motion to withdraw plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(Z). Prior to the court’s ruling on Stephens’ motion, his counsel withdrew on the grounds of conflict. Although Stephens requested that the court appoint him conflict-free counsel in his motion, the court summarily denied it without appointing conflict-free counsel. We find error and reverse.
Rule 3.170(Z) provides for a motion to withdraw plea within thirty days after sentencing on grounds specified in Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)a-e. A motion to withdraw plea is considered a critical stage of a criminal proceeding, and thus a defendant is entitled to counsel. Schriber v. State, 959 So.2d 1254, 1256 (Fla. 4th DCA 2007). Accordingly, the court erred in considering Stephens’ motion without first appointing conflict-free counsel.1 We reverse and remand, directing the trial court to appoint conflict-free counsel to assist Stephens in drafting his motion. The trial court may then determine whether to summarily deny the motion or to hold an evidentiary hearing.
Reversed and Remanded.
WARNER and MAY, JJ., concur.
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Cited By (15 total)
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Tipler v. State, 149 So. 3d 1192 (Fla. 1st DCA 2014)…tation and assistance of counsel. See Pagan v. State, 110 So. 3d 3, 5 (Fla. 2d DCA 2012). Because Appellant was completely denied representation and assistance with regard to his motion to withdraw plea, reversal is required. See Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014) (reversing summary denial of a motion to withdraw plea because the appellant’s counsel withdrew prior to the court’s ruling on the motion). See also Jones v. State, 74 So. 3d 118, 123 n. 5 (Fla. 1st DCA 2011); Schriber v. St…
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Flemming v. State, 204 So. 3d 950 (Fla. 1st DCA 2016)…withdrawal prior to the court’s consideration of Tipler’s motion to withdraw plea was the key fact in this Court’s reversal: “Had [the defendant’s] counsel not withdrawn, our analysis would be different.” Id. at 1195 n. 3 (quoting Stephens v. State, 141 So. 3d 701, 702 n. 1 (Fla. 4th DCA 2014)). Nothing in the record here shows that Flemming’s counsel withdrew prior to the court’s consideration of his motions, so he was not “completely denied representation and assistance with regard to his motion to withdraw…
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Dasmond Brannon v. State, 396 So. 3d 420 (Fla. 6th DCA 2024)
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheppard v. State, 17 So. 3d 275 (Fla. 2009)
- Nelfrard v. State, 34 So. 3d 221 (Fla. 4th DCA 2010)
- Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA 2007)