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Lewis v. State

District Court of Appeal of Florida, First District
Apr 4, 2002
812 So. 2d 597 (Fla. Dist. Ct. App. 2002)

Summary

indicating defendant entitled to appointment of conflict-free counsel to assist in pursuing motion to withdraw plea

Summary of this case from Fletcher v. State

Opinion

Nos. 1D01-1788, 1D01-1791, 1D01-1793.

April 4, 2002.

An appeal from the Circuit Court for Alachua County. Theron A. Yawn, Jr., Senior Judge.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.


On the facts of this case, appellant Thedrice Lewis was entitled to appointment of conflict-free counsel to assist him in pursuing a motion to withdraw his plea. Appellant charged in the motion that counsel had coerced him into accepting the plea even though he was innocent and wanted to proceed to trial. Accordingly, we reverse and remand with directions that the lower court appoint conflict-free counsel to represent Lewis in further proceedings on the motion to withdraw the plea. See James v. State, 773 So.2d 659, 659 (Fla. 1st DCA 2000); Rodgers v. State, 765 So.2d 195, 196 (Fla. 1st DCA 2000); Zeiszler v. State, 765 So.2d 128, 129 (Fla. 1st DCA 2000); George v. State, 753 So.2d 678, 678 (Fla. 1st DCA 2000); Holifield v. State, 717 So.2d 69, 69 (Fla. 1st DCA 1998); Karg v. State, 706 So.2d 124, 124-25 (Fla. 1st DCA 1998); Brye v. State, 702 So.2d 256, 257 (Fla. 1st DCA 1997).

KAHN, PADOVANO and POLSTON, JJ., concur.


Summaries of

Lewis v. State

District Court of Appeal of Florida, First District
Apr 4, 2002
812 So. 2d 597 (Fla. Dist. Ct. App. 2002)

indicating defendant entitled to appointment of conflict-free counsel to assist in pursuing motion to withdraw plea

Summary of this case from Fletcher v. State

indicating defendant entitled to appointment of conflict-free counsel to assist in pursuing motion to withdraw plea

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

Lewis v. State

Case Details

Full title:THEDRICE LEWIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 4, 2002

Citations

812 So. 2d 597 (Fla. Dist. Ct. App. 2002)

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