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5th DCAJuly 22, 2022Reversed and Remanded⭐ Notable

Baker v. State

Case No. 21-3045

Baker appealed the denial of his motion to withdraw plea after sentencing, arguing the trial court erred by failing to appoint conflict-free counsel to argue the motion when his own public defender had an admitted conflict. The Fifth DCA agreed, holding the motion was facially sufficient and the record showed an adversarial relationship between Baker and the public defender's office, requiring appointment of conflict-free counsel. The court reversed and remanded.

Key facts

  • Baker appealed the trial court's denial of his motion to withdraw his guilty plea after sentencing.
  • Baker's public defender notified the court that it had a conflict of interest and could not fully argue the withdrawal motion on Baker's behalf.
  • +2 more key facts with a free trial

Why it matters

This decision reinforces the bright-line rule that once defense counsel alerts the court to an actual conflict in arguing a motion to withdraw plea, the trial court must appoint conflict-free counsel rather than rule on… — full analysis with a trial

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