07-2102 DARIUS D. JONES v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-2102

Case Date: 06/16/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DARIUS D. JONES, Appellant, v. STATE OF FLORIDA, Appellee. ____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2102

Opinion filed June 16, 2008. An appeal from the Circuit Court for Columbia County. George H. Pierce, Judge. Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Appellant Darius Jones appeals the denial of his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l). Appellant argues the trial court reversibly erred by failing to appoint conflict-free counsel upon his timely representation that trial counsel misinformed him as to the sentence he would receive if he admitted violating his probation. Because the trial court failed to appoint

conflict-free counsel, its denial of appellant's motion is reversed and remanded. See Mullins v. State, No. 1D07-2412 (Fla. 1st DCA May 27, 2008). Upon remand, conflict-free counsel shall be appointed to assist appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. DAVIS, VAN NORTWICK, AND POLSTON, JJ., CONCUR.

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