WOOBENS BIENAIME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-01-09
No. 4D07-1473
FARMER, KLEIN and GROSS, JJ., concur.
971 So. 2d 278 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

[*279] PER CURIAM.

Appellant entered a plea to the crime of sexual battery. He moved to withdraw his plea. There was a conflict between appellant and his attorney at the hearing on the motion. We reverse for a new hearing on the motion with conflict free counsel. See Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999).

FARMER, KLEIN and GROSS, JJ., concur.


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  • Jones v. State, 230 So. 3d 20 (Fla. 4th DCA 2017)
    …to Florida Rule of Criminal Procedure 3.170(Z) is a critical stage of the criminal proceedings, entitling the defendant to his Sixth Amendment right to counsel. See Padgett v. State, 743 So. 2d 70, 72 (Fla. 4th DCA 1999); see also Bienaime v. State, 971 So. 2d 278 (Fla. 4th DCA 2008); Schriber v. State, 959 So. 2d 1254, 1256 (Fla. 4th DCA 2007); Kelly v. State, 925 So. 2d 383, 386 (Fla. 4th DCA 2006); Roblero v. State, 843 So. 2d 984 (Fla. 4th DCA 2003). Other courts are in agreement that a defendant is entit…

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