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Daniel v. State

District Court of Appeal of Florida, Second District
Feb 18, 2004
865 So. 2d 661 (Fla. Dist. Ct. App. 2004)

Summary

reversing denial of rule 3.170(l ) motion to withdraw plea that alleged counsel misadvised him regarding sentencing, and remanding for evidentiary hearing because record failed to show that defendant was not entitled to relief

Summary of this case from Lane v. State

Opinion

Case No. 2D03-1514.

Opinion filed February 18, 2004.

Appeal from the Circuit Court for Hillsborough County, J. Kevin Carey, Judge.

James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Troy E. Daniel appeals the trial court's denial, without an evidentiary hearing, of a motion to withdraw a guilty plea. Daniel's motion alleged that his trial counsel misadvised him regarding sentencing. Because the record fails to show that Daniel is not entitled to relief, we reverse and remand for an evidentiary hearing. See Snodgrass v. State, 837 So.2d 507, 508 (Fla. 4th DCA 2003) (citing State v. Leroux, 689 So.2d 235, 237 (Fla. 1996)). Since a motion to withdraw a plea pursuant to rule 3.170(l) is a "critical stage" in which the defendant is entitled to effective assistance of counsel, Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003), we remand with directions that the trial court appoint conflict-free counsel for the evidentiary hearing.

Reversed and remanded.

SALCINES and WALLACE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED


Summaries of

Daniel v. State

District Court of Appeal of Florida, Second District
Feb 18, 2004
865 So. 2d 661 (Fla. Dist. Ct. App. 2004)

reversing denial of rule 3.170(l ) motion to withdraw plea that alleged counsel misadvised him regarding sentencing, and remanding for evidentiary hearing because record failed to show that defendant was not entitled to relief

Summary of this case from Lane v. State

reversing denial of motion to withdraw a guilty plea and remanding for an evidentiary hearing because the record failed to show that Daniel was not entitled to relief

Summary of this case from Molina v. State

noting that a hearing on a motion to withdraw plea is a critical stage of the proceedings

Summary of this case from Cooper v. State
Case details for

Daniel v. State

Case Details

Full title:TROY E. DANIEL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 18, 2004

Citations

865 So. 2d 661 (Fla. Dist. Ct. App. 2004)

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