JOSEPH ANDRE NAVARRO vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: May 6, 2022
• Docket: 21-0405
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOSEPH ANDRE NAVARRO,

Appellant,

v. Case No. 5D21-405 LT Case No. 49-2018-CF-004151

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 6, 2022

Appeal from the Circuit Court for Osceola County, Keith A. Carsten, Judge.

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J. Appellant, Joseph Andre Navarro, appeals the order denying his pro

se Motion to Withdraw Plea. He argues that the trial court erred by not

appointing counsel to represent him in this proceeding after his privately

retained attorney withdrew from the case. The State concedes this point but

argues that Appellant would only be entitled to court-appointed counsel if he

was indigent at the time that he filed his motion. We agree and reverse for

the trial court to determine if Appellant was indigent at the time that he filed

or could have filed his motion. If the court determines that Appellant was

indigent, it shall set aside the order denying his motion, appoint counsel to

assist him in refiling a motion to withdraw plea if he wishes to do so, and

conduct a new hearing on Appellant’s motion. See Hart v. State, 213 So. 3d

1114, 1115 (Fla. 5th DCA 2017) (holding appellant was entitled to counsel

after private counsel withdrew from case and remanding for trial court to

appoint counsel if it determined that appellant was indigent at the time he

filed pro se motion to withdraw plea).

REVERSED and REMANDED with Instructions.

SASSO and NARDELLA, JJ., concur.