# Daniel v. State

> District Court of Appeal of Florida · February 18, 2004 · 865 So. 2d 661

URL: https://www.frixlaw.com/law-library/cases/1610489

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** February 18, 2004
- **Citations:** 865 So. 2d 661; 2004 WL 298407
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Covington
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1610489

## How later opinions describe it (automated extraction)

- reversing denial of rule 3.170(l) motion to withdraw plea that alleged counsel misadvised him regarding sentencing, and remanding for evidentiary hearing because record failed to show that defendant was not entitled to relief
- reversing denial of motion to withdraw a guilty plea and remanding for an evidentiary hearing because the record failed to show that Daniel was not entitled to relief
- noting that a hearing on a motion to withdraw plea is a critical stage of the proceedings

## Opinion text

865 So.2d 661 (2004)
Troy E. DANIEL, Appellant,
v.
STATE of Florida, Appellee.
No. 2D03-1514.
District Court of Appeal of Florida, Second District.
February 18, 2004.
James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
COVINGTON, Judge.
Troy E. Daniel appeals the trial court's denial, without an evidentiary hearing, of a motion to withdraw a guilty plea. Daniel's motion alleged that his trial counsel misadvised him regarding sentencing. Because the record fails to show that Daniel is not entitled to relief, we reverse and remand for an evidentiary hearing. See Snodgrass v. State, 837 So.2d 507, 508 (Fla. 4th DCA 2003) (citing State v. Leroux, 689 So.2d 235, 237 (Fla.1996)). Since a motion to withdraw a plea pursuant to rule 3.170( l ) is a "critical stage" in which the defendant is entitled to effective assistance of counsel, Brown v. State, 835 So.2d 402, 403 (Fla. 2d DCA 2003), we remand with directions that the trial court appoint conflict-free counsel for the evidentiary hearing.
Reversed and remanded.
SALCINES and WALLACE, JJ., Concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1610489. Public record. Not legal advice.