Summary
providing that once a defendant indicates his desire to avail himself of Rule 3.170( l), the trial court must appoint conflict-free counsel to advise and assist
Summary of this case from Searcy v. StateOpinion
No. 1D05-3192.
July 11, 2006.
An appeal from the Circuit Court for Duval County. Peter J. Fryefield, Judge.
Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
John Mosley appeals the summary denials of his motion to withdraw his plea and his motion for trial. "This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170( l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Norman v. State, 897 So.2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So.2d 1078, 1078 (Fla. 1st DCA 2002)); see Young v. State, 910 So.2d 899 (Fla. 1st DCA 2005); Wofford v. State, 819 So.2d 891 (Fla. 1st DCA 2002). Accordingly, the trial court's summary denials of Appellant's motions are reversed and remanded. Upon remand, conflict-free counsel shall be appointed to assist Appellant in this cause.
REVERSED and REMANDED with INSTRUCTIONS.
KAHN, C.J., WEBSTER and HAWKES, JJ., concur.