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Meeks v. StateMeeks v. State

District Court of Appeal of Florida
Apr 9, 2003
2D02-377
Versions:841 So. 2d 648
2003 WL 1823464

NORTHCUTT, Judge.

Johnnie Meeks contends, and the State concedes, that the trial court should not have heard and denied his motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(l) without appointing counsel to represent him in the matter. We agree.

A criminal defendant facing incarceration has a right to counsel at every critical stage of the proceedings against him. Wofford v. State, 819 So.2d 891, 892 (Fla. 1st DCA 2002); Bible v. State, 779 So.2d 517, 517 (Fla. 2d DCA 2000); Padgett v. State, 743 So.2d 70, 72 (Fla. 4th DCA 1999). A motion to withdraw plea pursuant to rule 3.170(l) is such a critical stage of the criminal proceedings. Bible, 779 So.2d 517.

Reversed and remanded with directions to appoint counsel to represent Meeks and to hold a new hearing on his motion to withdraw his plea.

WHATLEY and SILBERMAN, JJ., Concur.

Case Details

Case Name: Meeks v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 9, 2003
Citations: 841 So. 2d 648; 2003 WL 1823464; 2D02-377
Docket Number: 2D02-377
Court Abbreviation: Fla. Dist. Ct. App.
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