773 So. 2d 659 | Fla. Dist. Ct. App. | 2000
Before sentencing, Rose James moved to withdraw her previously accepted plea. She argued below that, before she agreed to the plea, her court-appointed attorney withheld depositions and other documents that would have led to her acquittal. We agree with her contention here that these circumstances created a conflict of interest between Ms. James and her attorney. Accordingly, we reverse and remand with directions to appoint conflict-free counsel to represent Ms. James in further proceedings on the motion to withdraw her plea. See Zeiszler v. State, 765 So.2d 128, 129 (Fla. 1st DCA 2000); Padgett v. State, 743 So.2d 70, 74 (Fla. 4th DCA 1999); Holifield v. State, 717 So.2d 69, 69 (Fla. 1st DCA 1998). We express no view on the merits of the motion to withdraw the plea.