Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

TROY E. DANIEL, Appellant, v. STATE OF FLORIDA, Appellee.

COVINGTON, Judge.

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

Use AI to get other relevant cases.

Comments

DANIEL v. STATE
(Feb 18, 2004)