Karg v. State, 97-1523
| Decision Date | 26 February 1998 |
| Docket Number | No. 97-1523,97-1523 |
| Parties | 23 Fla. L. Weekly D646 Daniel Leland KARG, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Mark E. Walker, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.
Appellee concedes that the trial court erred in denying appellant's motion to withdraw his plea before determining the truthfulness of the allegation that his attorney failed to communicate plea offers to him. See, e.g. Seymore v. State, 693 So.2d 647 (Fla. 1st DCA 1997)(allegation of failure to communicate plea offer states colorable claim of ineffective assistance in context of motion for post-conviction relief). Further, appellee concedes that the trial court erred in failing to conduct an inquiry regarding appellant's motion to discharge trial counsel. See, e.g., Bowden v. State, 588 So.2d 225 (Fla.1991)("[w]here a defendant seeks to discharge court-appointed counsel due to alleged incompetency of counsel it is incumbent upon the trial court to make a sufficient inquiry of the defendant and his appointed counsel to determine whether there is reasonable cause to believe that counsel is not rendering effective assistance to the defendant").
While appellant contends the trial court must appoint conflict-free counsel to represent him in the hearing on his motion to withdraw plea, appellee asserts the trial court need not appoint counsel unless the motion to withdraw the plea is granted. We disagree with appellee. Because a conflict between appellant and his trial counsel appears in the record, the trial court must appoint conflict-free counsel to represent appellant with regard to his motion to withdraw his plea. See Brye v. State, 702 So.2d 256 (Fla. 1st DCA 1997); Lopez v. State, 688 So.2d 948 (Fla. 5th DCA 1997); Hope v. State, 682 So.2d 1173 (Fla. 4th DCA 1996).
The denial of appellant's motion to withdraw plea is REVERSED and REMANDED with directions to appoint conflict-free counsel to represent appellant in further proceedings.
To continue reading
Request your trial
-
Carmona v. State, 5D03-229.
...rights so basic to a fair trial the infraction can never be treated as harmless error'." Jones at 1087. In Karg v. State, 706 So.2d 124 (Fla. 1st DCA 1998), the defendant sought to withdraw his plea because he claimed his attorney failed to communicate plea offers to him. Based on that alon......
-
Smith v. State
...conflict-free counsel to represent the defendant. See Jones v. State, 827 So.2d 1086, 1087 (Fla. 1st DCA 2002); Karg v. State, 706 So.2d 124, 125 (Fla. 1st DCA 1998). Here, the comments of trial counsel were patently in conflict with the position of his client. The comments suggest that cou......
-
White v. State, 98-04813.
...the client can constitute ineffective assistance of counsel. See, e.g., Rosav. State, 712 So.2d 414 (Fla. 4th DCA 1998); Karg v. State, 706 So.2d 124 (Fla. 1st DCA 1998); Gonzales v. State, 691 So.2d 602 (Fla. 4th DCA 1997); Young v. State, 608 So.2d 111 (Fla. 5th DCA 1992). We have found n......
-
Lewis v. State, No. 1D01-1788
...George v. State, 753 So.2d 678, 678 (Fla. 1st DCA 2000); Holifield v. State, 717 So.2d 69, 69 (Fla. 1st DCA 1998); Karg v. State, 706 So.2d 124, 124-25 (Fla. 1st DCA 1998); Brye v. State, 702 So.2d 256, 257 (Fla. 1st DCA KAHN, PADOVANO and POLSTON, JJ., concur. ...