07-2412 CHARLES W. MULLINS v. STATE OF FLORIDA

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State: Florida

Court: Florida First District Court

Docket No: 07-2412

Case Date: 05/27/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

2

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

2

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

2

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

2

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES W. MULLINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-2412

Opinion filed May 27, 2008. An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Charles Mullins appeals the denial of his motion to withdraw his plea and motion for trial. Mullins argues the trial court reversibly erred by failing to appoint conflict-free counsel upon Mullins' timely representation that he was misinformed as to his sentence exposure. We reverse.

"This Court has consistently held that, `once a defendant indicates his desire to avail himself of the [Florida Rule of Criminal Procedure] 3.170(l) procedure, the trial court must appoint conflict-free counsel to advise and assist the defendant in this regard.'" Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (citing Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005) (quoting Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002)). Because the trial court failed to do so here, its denials of Appellant's motions are reversed and remanded. Upon remand, conflictfree counsel shall be appointed to assist Appellant in this cause. REVERSED and REMANDED for proceedings consistent with this opinion. ALLEN, DAVIS, and HAWKES, JJ., concur.

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