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Jones v. State

District Court of Appeal of Florida, First District
Mar 27, 2006
923 So. 2d 1259 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-1237.

March 27, 2006.

An appeal from an order of the Circuit Court for Columbia County. Paul S. Bryan, Judge.

Nancy A. Daniels, Public Defender; A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for appellant.

Charlie Crist, Attorney General; Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for appellee.


Appellant challenges the trial court's denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.170( l). He properly asserts that the trial court erred in not appointing conflict-free counsel for the hearing on the motion. See Bullard v. State, 860 So.2d 452 (Fla. 1st DCA 2003).

Accordingly, the order denying appellant's motion to withdraw the plea is reversed, and the case is remanded for appointment of conflict-free counsel and for a new hearing on appellant's motion.

BARFIELD, WOLF, and BROWNING, JJ., concur.


Summaries of

Jones v. State

District Court of Appeal of Florida, First District
Mar 27, 2006
923 So. 2d 1259 (Fla. Dist. Ct. App. 2006)
Case details for

Jones v. State

Case Details

Full title:Avalon Kevin JONES, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 2006

Citations

923 So. 2d 1259 (Fla. Dist. Ct. App. 2006)