Lester v. State, 1D01-4646.
| Decision Date | 16 July 2002 |
| Docket Number | No. 1D01-4646.,1D01-4646. |
| Citation | Lester v. State, 820 So.2d 1078 (Fla. App. 2002) |
| Parties | Roderick R. LESTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender; Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Janelle C. Gillaspie, Assistant Attorney General, Tallahassee, for Appellee.
Roderick Lester challenges the summary denial of his timely motion to withdraw a plea pursuant to Florida Rule of Criminal Procedure 3.170(l). This Court has recently 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. Wofford v. State, 819 So.2d 891 (Fla. 1st DCA, 2002). Accordingly, we reverse the order denying the motion to withdraw the plea and remand to effectuate Lester's right to counsel.
REVERSED and REMANDED.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
15 cases
-
Searcy v. State
...Smith v. State, 849 So.2d 485 (Fla. 2d DCA 2003) (same); Wofford v. State, 819 So.2d 891 (Fla. 1st DCA 2002) (same); Lester v. State, 820 So.2d 1078 (Fla. 1st DCA 2002) (same); Williams v. State, 793 So.2d 1112 (Fla. 4th DCA 2001) (same). Here, the defendant indirectly alleges in his motion......
-
Miller v. State, 2D01-4212.
...defendant is entitled to conflict-free counsel to advise and assist with motions filed pursuant to rule 3.170(l). See Lester v. State, 820 So.2d 1078 (Fla. 1st DCA 2002); Cadet v. State, 795 So.2d 228 (Fla. 4th DCA 2001); Williams v. State, 793 So.2d 1112 (Fla. 4th DCA 2001); Rodgers v. Sta......
-
White v. State
...advise and assist the defendant in this regard.'" Smith v. State, 849 So.2d 485, 485-86 (Fla. 2d DCA 2003) (quoting Lester v. State, 820 So.2d 1078, 1078 (Fla. 1st DCA 2002)). Therefore, we reverse the order summarily denying Mr. White's rule 3.170(l) motion and remand for an evidentiary he......
-
Scippio v. State
...also requires reversal. Appellant had the right to conflict-free counsel to argue his motion to withdraw plea. See Lester v. State, 820 So.2d 1078 (Fla. 1st DCA 2002); Wofford v. State, 819 So.2d 891 (Fla. 1st DCA 2002). Here, it is clear from the record that Appellant had a conflict with h......
Get Started for Free