¶1Before sentencing, Rose James moved to withdraw her previously accepted plea. She argued below that, before she agreed to the plea, her court-appointed attorney withheld depositions and other documents that would have led to her acquittal. We agree with her contention here that these circumstances created a conflict of interest between Ms. James and her attorney. Accordingly, we reverse and remand with directions to appoint conflict-free counsel to represent Ms. James in further proceedings on the motion to withdraw her plea. See Zeiszler v. State, 765 So.2d 128, 129 (Fla. 1st DCA 2000); Padgett v. State, 743 So.2d 70, 74 (Fla. 4th DCA 1999); Holifield v. State, 717 So.2d 69, 69 (Fla. 1st DCA 1998). We express no view on the merits of the motion to withdraw the plea.
773 So. 2d 659
James v. State
District Court of Appeal of Florida
Decided December 22, 2000
District Court of Appeal of Florida · decided 2000-12-22
Cited by 1 later decisions — most recently April 2002
1 state decisions
Relies on 743 So. 2d 70 - Padgett v. State · Holifield v. State · Zeiszler v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2000-12-22
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