Brown v. State

• Court: Florida District Court of Appeals
• Writing for the Court: Per Curiam
• Citation: Brown v. State, 994 So.2d 1254 (Fla. App. 2008)
• Decision Date: 26 November 2008
• Docket Number: No. 1D07-5360.,1D07-5360.
• Parties: Jimetavious BROWN, Appellant, v. STATE of Florida, Appellee.

994 So.2d 1254

Jimetavious BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D07-5360.

District Court of Appeal of Florida, First District.

November 26, 2008.

An appeal from the Circuit Court for Okaloosa County, G. Robert Barron, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Laura Anstead and David P. Gauldin, Assistant Public Defenders, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Jimetavious Brown, challenges the denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l). Appellant argues, and the State concedes, that the trial court reversibly erred by failing to appoint conflict-free counsel upon his timely assertion that he was misinformed as to the sentence he would receive. See Norman v. State, 897 So.2d 553, 553 (Fla. 1st DCA 2005) ("This Court has consistently held that, `once a defendant indicates his desire to avail himself of the rule 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'") (citation omitted). Accord Jones v. State, 987 So.2d 109, 109 (Fla. 1st DCA 2008); Mullins v. State, 981 So.2d 1281, 1282 (Fla. 1st DCA 2008); Mosley v. State, 932 So.2d 1239, 1239 (Fla. 1st DCA 2006).

Accordingly, we REVERSE the order and REMAND for the appointment of conflict-free counsel to assist Appellant in this cause.

BARFIELD, DAVIS, and HAWKES, JJ., Concur.