Roblero v. State

District Court of Appeal of Florida

Roblero v. State

843 So. 2d 984, 2003 Fla. App. LEXIS 6175, 2003 WL 1968822

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 2003

DocketNo. 4D00-4479

StatusPublished

Cited by2 cases

This text of 843 So. 2d 984 (Roblero 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

Roblero v. State, 843 So. 2d 984, 2003 Fla. App. LEXIS 6175, 2003 WL 1968822 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellant pled guilty to DUI manslaughter and other related charges and, one week after he was sentenced, filed a pro se motion to withdraw his plea alleging that his lawyer intimidated him and misinformed him. At the hearing appellant was unrepresented and his counsel testified against him. He appeals the order denying the motion to withdraw his plea, arguing that he was entitled to be represented by conflict-free counsel at the hearing on the motion to withdraw. The state concedes that appellant was entitled to counsel, Padgett v. State, 743 So.2d 70 (Fla. 4th DCA 1999). We disagree with the state’s assertion that the lack of representation could be harmless under these facts. Reversed.

KLEIN, GROSS and TAYLOR, JJ., concur.

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PER CURIAM.

Appellant pled guilty to DUI manslaughter and other related charges and, one week after he was sentenced, filed a pro se motion to withdraw his plea alleging that his lawyer intimidated him and misinformed him. At the hearing appellant was unrepresented and his counsel testified against him. He appeals the order denying the motion to withdraw his plea, arguing that he was entitled to be represented by conflict-free counsel at the hearing on the motion to withdraw. The state concedes that appellant was entitled to counsel, Padgett v. State, 743 So.2d 70 (Fla. 4th DCA 1999). We disagree with the state’s assertion that the lack of representation could be harmless under these facts. Reversed.

KLEIN, GROSS and TAYLOR, JJ., concur.

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Bluebook (online)

843 So. 2d 984, 2003 Fla. App. LEXIS 6175, 2003 WL 1968822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roblero-v-state-fladistctapp-2003.

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