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SMITH v. STATE

No. 2D02-1203.

849 So.2d 485 (2003)

Vermont SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 18, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Vermont Smith asserts that the trial court erred when it failed to appoint conflict-free counsel to represent him and summarily denied his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l). We agree and reverse.

An indigent defendant has the right to court-appointed counsel to assist in filing a rule 3.170(l) motion. Padgett v. State, 743 So.2d 70...

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