Mathis v. State
The Fifth DCA held that a trial court erred by summarily striking a pro se motion to withdraw plea and dismissing a related pro se 'motion to supplement' as untimely, without construing the supplement as an amendment to the timely-filed motion to withdraw plea. The majority remanded for the trial court to consider the motions together and determine whether the allegations of counsel misadvice give rise to an adversarial relationship warranting a Sheppard hearing and appointment of conflict-free counsel. Judge Soud dissented, arguing the pro se motion was a legal nullity never adopted by counsel and that the untimely supplemental allegations could not revive it.
Key facts
- Defendant Mathis filed a pro se motion to withdraw his no contest plea and seek sentencing relief after being sentenced, which was later supplemented with new allegations that his counsel had provided misadvice.
- The trial court summarily struck the pro se motion and dismissed the supplemental filing as untimely without considering them together or holding a hearing on whether counsel's conduct created an adversarial relationship.
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Why it matters
This decision addresses a recurring and unsettled procedural question—how trial courts should treat sequential pro se filings challenging a plea when a defendant remains represented—and adopts the Second DCA's Davis… — full analysis with a trial
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