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831 So. 2d 1260

Docket No. 2D01-2563.

Ayers v. State

Roger C. AYERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 18, 2002.

District Court of Appeal of Florida · decided 2002-12-18

Cited by 2 later decisions — most recently September 2003

2 state decisions

Relies on 682 So. 2d 1173 - Hope v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-18

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¶1*1261 James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

¶2Richard E. Doran, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

¶3PER CURIAM.

¶4Roger C. Ayers appeals judgments entered after the trial court denied his presentence motion to withdraw his pleas of no contest pursuant to Florida Rule of Criminal Procedure 3.170(f). The State has conceded that it was error under the circumstances of this case for the trial court to deny the motion without appointing conflict-free counsel. See Hope v. State,682 So.2d 1173, 1174 (Fla. 4th DCA 1996). Accordingly, we reverse Mr. Ayers' judgments and sentences and remand with instructions to the trial court to appoint conflict-free counsel for the purpose of an evidentiary hearing on Mr. Ayers' motion to withdraw his plea.

¶5Reversed and remanded.

¶6ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., concur.

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