James Lopez v. State

192 So. 3d 708, 2016 WL 3127662, 2016 Fla. App. LEXIS 8464

Opinion

PER CURIAM.

James Lopez appeals the trial court’s denial of his motion to withdraw his plea. Finding Lopez was improperly denied conflict-free counsel for the hearing of that motion, we reverse.

Lopez was charged with a variety of serious offenses in four separate cases. He entered an open plea to those charges and the trial court ordered a pre-sentence investigation because the State sought sentencing under the Prison Releasee Re-offender statute.

Prior to sentencing, Lopez filed a pro-se motion to withdraw his plea, alleging that his public defender had coerced him into entering the plea. Lopez was entitled to appointment of conflict-free counsel for the hearing on that motion. See Harvey v. State, 4 So.3d 1266, 1267 (Fla. 5th DCA 2009).

REVERSED and REMANDED for a new hearing on the motion to withdraw plea.

COHEN, WALLIS and LAMBERT, JJ., concur.