Norman v. State, 897 So. 2d 553

PER CURIAM.

John L. Norman challenges the summary denial of his timely motion to withdraw a plea pursuant to Florida Rule of Criminal Procedure 3.170(l). This Court has consistently held that, “once a defendant indicates his desire to avail himself of the rule 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.” Lester v. State, 820 So.2d 1078, 1078 (Fla. 1st DCA 2002); see also Wofford v. State, 819 So.2d 891 (Fla. 1st DCA 2002). Accordingly, we reverse the order denying the motion to withdraw the plea and remand to effectuate Norman‘s right to counsel.

REVERSED and REMANDED.

ERVIN, PADOVANO and LEWIS, JJ., concur.

Case Details

Case Name: Norman v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 7, 2005

Citations: 897 So. 2d 553; 2005 WL 771325; 1D04-0392

Docket Number: 1D04-0392

Court Abbreviation: Fla. Dist. Ct. App.