James Lopez v. State

PER CURIAM. James Lopez appeals the trial court’s denial of his motion to withdraw his plea. Finding Lopez was improperly denied conflict-free counsel for the hearing of that motion, we reverse. Lopez was charged with a variety of serious offenses in four separate cases. He entered an open plea to those charges and the trial court ordered a pre-sentence investigation because the State sought sentencing under the Prison Releasee Re-offender statute. Prior to sentencing, Lopez filed a pro-se motion to withdraw his plea, alleging that his public defender had coerced him into entering the plea. Lopez was entitled to appointment of conflict-free counsel for the hearing on that motion. See Harvey v. State, 4 So.3d 1266, 1267 (Fla. 5th DCA 2009). REVERSED and REMANDED for a new hearing on the motion to withdraw plea. COHEN, WALLIS and LAMBERT, JJ., concur.