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Ayers v. State

District Court of Appeal of Florida, Second District
Dec 18, 2002
831 So. 2d 1260 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-2563.

Opinion filed December 18, 2002.

Appeal from the Circuit Court for Hardee County; Susan W. Roberts, Judge.

James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


Roger C. Ayers appeals judgments entered after the trial court denied his presentence motion to withdraw his pleas of no contest pursuant to Florida Rule of Criminal Procedure 3.170(f). The State has conceded that it was error under the circumstances of this case for the trial court to deny the motion without appointing conflict-free counsel. See Hope v. State, 682 So.2d 1173, 1174 (Fla. 4th DCA 1996). Accordingly, we reverse Mr. Ayers' judgments and sentences and remand with instructions to the trial court to appoint conflict-free counsel for the purpose of an evidentiary hearing on Mr. Ayers' motion to withdraw his plea.

Reversed and remanded.

ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., Concur.


Summaries of

Ayers v. State

District Court of Appeal of Florida, Second District
Dec 18, 2002
831 So. 2d 1260 (Fla. Dist. Ct. App. 2002)
Case details for

Ayers v. State

Case Details

Full title:ROGER C. AYERS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 18, 2002

Citations

831 So. 2d 1260 (Fla. Dist. Ct. App. 2002)

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