Padgett v. State

743 So. 2d 70, 1999 WL 641843
CourtDistrict Court of Appeal of Florida
DecidedAugust 25, 1999
Docket98-2837
StatusPublished
Cited by49 cases

This text of 743 So. 2d 70 (Padgett 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.

Bluebook
Padgett v. State, 743 So. 2d 70, 1999 WL 641843 (Fla. Ct. App. 1999).

Opinion

743 So.2d 70 (1999)

Daniel N. PADGETT, Appellant,
v.
STATE of Florida, Appellee.

No. 98-2837.

District Court of Appeal of Florida, Fourth District.

August 25, 1999.

Daniel N. Padgett, Sanderson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

The primary issue presented in this appeal concerns whether an indigent defendant has the right to court-appointed counsel to assist in filing a motion to withdraw plea after sentencing, pursuant to Florida Rule of Criminal Procedure 3.170(l). We answer the question in the affirmative and remand for the appointment of conflictfree counsel.

Procedural background

On June 5, 1998, appellant, Daniel Padgett, pursuant to a plea agreement with the State, pled guilty to charges of attempted sexual battery on a child less than twelve years of age, lewd assault of a child less than twelve, and two counts of lewd assault of a child less than sixteen. The plea provided that appellant would be sentenced to eighteen years incarceration to be followed by ten years probation for the attempted sexual battery charge and to two concurrent fifteen-year terms for the three lewd assault charges. On June 10, 1998, five days after entry of the plea and following the imposition of sentence, Padgett *71 filed a pro se motion to withdraw the plea, pursuant to Florida Rule of Criminal Procedure 3.170(l),[1] alleging, among other things, that his counsel coerced him into entering the plea and that he had perjured himself during the plea colloquy. A hearing was held on the motion to withdraw the plea and both appellant and his court-appointed counsel were placed under oath and gave testimony.

During the hearing, appellant and his counsel gave contrasting testimony concerning the facts which led to appellant's acceptance of the State's plea offer:

The Court: All right. What is your problem? Why do you want to withdraw your plea?
[Mr. Padgett]: Well, I had up until this very last moment refused to accept the plea and told my counsel repeatedly that I didn't want to accept the plea. And I told him several times that very morning that I didn't want to accept the plea. I wanted to go to trial. And he continued to badger me and insist that I will be given a life sentence, that I would be given close custody just like a person on death row and that a letter that I had written would be used against me.
He, after several times of telling him that, no, I did not want to take the plea, he continued to come back and insist that I do take the plea. I feel like I was badgered into it.

Defense counsel denied Padgett's accusations of coercion and testified that he merely informed appellant of the options:

Mr. Fallon: And I did my best to persuade Mr. Padgett to take the offer. In my opinion, the evidence would have proven a capital sexual battery. The Court would have no option but to sentence him to life.... I presented all of this to Mr. Padgett. I said, it's now or never. I can't get a better deal[[2] referring to the 18-year offer from the State]. This is it. He looked at me, he said, let's go for it. Let's do the deal.
If he was coerced by me, he said nothing. At the time, I presumed that Mr. Padgett's decision was a rational one.
. . . .
But I know this is a hard thing and it is a tough thing but I know I didn't go back and forth with him four times as he said.... We talked about the plea and I did urge him, I did.

At the conclusion of the hearing, the trial court denied the motion to withdraw, and there appeared to be some confusion regarding appellant's right to appeal the judge's ruling and his right to have counsel appointed:

Mr. Fallon: Judge, one more thing, if I could? I don't believe there is a right to appeal from [a] plea colloquy, from the guilty plea colloquy itself, but there may be a right to appeal from your order here denying the motion to have the case, plea withdrawn, without appointing one conflict attorney to advise Mr.—to advise this man he has certain rights, whether he wants to exercise them or not. I don't think I should be doing that based upon the adversarial posture.
The Court: Okay. Well, you have thirty days to appeal the judgment and this order denying the Motion to Vacate and I cannot appoint the public defender's office because of the adversity between *72 you and Mr. Fallon. File the necessary pro se appeal.
I'm not going to appoint anyone at this time. If the Appellate Courts says [sic] I must, then I will.

After the trial court denied the motion to withdraw plea, appellant filed the instant pro se appeal.

Discussion

It is well-established that a criminal defendant facing incarceration has a right to counsel at every critical stage of the proceedings against him. See Fruetel v. State, 638 So.2d 966, 971 (Fla. 4th DCA)(citing Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)), review denied, 649 So.2d 233 (Fla. 1994). Trial, sentencing and direct appeal are all critical stages at which a defendant is entitled to counsel. See Smith v. State, 590 So.2d 1078 (Fla. 2d DCA 1991)(right to counsel at sentencing); Ford v. State, 575 So.2d 1335, 1337 (Fla. 1st DCA)(right to counsel on appeal)(citing Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963)), review denied, 581 So.2d 1310 (Fla.1991); Enrique v. State, 408 So.2d 635, 637-38 (Fla. 3d DCA 1981)(right to counsel at trial)(citing Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), and Gideon v. Wainwright), review denied, 418 So.2d 1280 (Fla.1982). In contrast, there is no right to counsel in postconviction proceedings. See Schneelock v. State, 665 So.2d 1063 (Fla. 4th DCA 1995)(reaffirming the principle that there is no absolute right to appointment of counsel in a postconviction proceeding), review denied, 672 So.2d 543 (Fla.1996). The State argues that Padgett's 3.170(l) motion to withdraw plea after sentencing was a "postconviction" proceeding and that, therefore, appointment of counsel was unnecessary even if there was a conflict between Padgett and his trial counsel.

We reject the State's classification of a motion to withdraw plea after sentencing pursuant to rule 3.170(l) as one seeking collateral or "postconviction" relief. The rationale for refusing to extend the right to counsel to postconviction proceedings is that such a proceeding is

not part of the criminal proceeding itself, and it is in fact considered to be civil in nature. It is a collateral attack that normally occurs only after the defendant has failed to secure relief through direct review of his conviction. States have no obligation to provide this avenue of relief, and when they do, the fundamental fairness mandated by the Due Process Clause does not require that the State supply a lawyer as well.

Pennsylvania v. Finley, 481 U.S. 551

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Bluebook (online)
743 So. 2d 70, 1999 WL 641843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-state-fladistctapp-1999.