Goines v. State

District Court of Appeal of Florida

Goines v. State

670 So. 2d 1201, 1996 Fla. App. LEXIS 3733, 1996 WL 165391

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1996

DocketNo. 94-1690

StatusPublished

Cited by1 cases

This text of 670 So. 2d 1201 (Goines v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Goines v. State, 670 So. 2d 1201, 1996 Fla. App. LEXIS 3733, 1996 WL 165391 (Fla. Ct. App. 1996).

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Opinion

FARMER, Judge.

We reverse the trial court’s refusal to continue an evidentiary hearing on a rule 3.850 motion at the defendant’s request to obtain counsel. See Williams v. State, 472 So.2d [1202]*1202738 (Fla.1985). On remand, if the court should find that defendant is indigent and unable to obtain private counsel, the trial court shall exercise its discretion under Williams as to the appointment of counsel. We remind the trial judge that, an evidentia-ry hearing having previously been required on this particular, pending rule 3.850 motion, see Goines v. State, 632 So.2d 292 (Fla. 4th DCA 1994), three of the four Williams criteria for the appointment of counsel have already been satisfied.

REVERSED.

GUNTHER, C.J., and WARNER, J., concur.

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FARMER, Judge.

We reverse the trial court’s refusal to continue an evidentiary hearing on a rule 3.850 motion at the defendant’s request to obtain counsel. See Williams v. State, 472 So.2d [1202]*1202738 (Fla.1985). On remand, if the court should find that defendant is indigent and unable to obtain private counsel, the trial court shall exercise its discretion under Williams as to the appointment of counsel. We remind the trial judge that, an evidentia-ry hearing having previously been required on this particular, pending rule 3.850 motion, see Goines v. State, 632 So.2d 292 (Fla. 4th DCA 1994), three of the four Williams criteria for the appointment of counsel have already been satisfied.

REVERSED.

GUNTHER, C.J., and WARNER, J., concur.

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670 So. 2d 1201, 1996 Fla. App. LEXIS 3733, 1996 WL 165391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goines-v-state-fladistctapp-1996.

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