08-2839 LEVINSTON E. GRIER, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-2839

Case Date: 07/08/2009

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

LEVINSTON E. GRIER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 8, 2009.

CASE NO. 1D08-2839

An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, I I I, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Levinston E. Grier appeals the summary denials of his motion to withdraw his plea and motion for conflict-free counsel. Grier argues that the trial court reversibly erred by failing to appoint conflict-free counsel upon his pro se post-

sentence motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(l). This Court has consistently held that trial courts must appoint conflict-free counsel once a defendant indicates his desire to avail himself of the rule 3.170(l) procedure. Lester v. State, 820 So. 2d 1078, 1078 (Fla. 1st DCA 2002); see also Norman v. State, 897 So. 2d 553, 553 (Fla. 1st DCA 2005); Mosley v. State, 932 So. 2d 1239, 1239 (Fla. 1st DCA 2006); Mullins v. State, 981 So. 2d 1281, 1282 (Fla. 1st DCA 2008). Accordingly, the trial court was required to appoint conflict-free counsel upon Grier's facially sufficient and timely filed rule 3.170(l) motion. Therefore, we reverse the trial court's order denying Grier's motions to withdraw the plea and for conflict-free counsel. Upon remand, conflictfree counsel shall be appointed to assist Grier in this cause. REVERSED and REMANDED with instructions. BARFIELD, PADOVANO, and LEWIS, JJ., CONCUR.

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