Alexis v. State

Following a plea of nolo contendere, the defendant appeals his conviction and sentence on charges of two counts of sexual battery on a child less than 12 years of age, and lewd or lascivious battery. He argues that the trial court abused its discretion by failing to sua sponte appoint conflict-free counsel at the time of his sentencing to argue a motion to withdraw his plea. We affirm.

The record reflects that following the plea, but prior to sentencing, defense counsel filed a motion to withdraw the plea on the basis it was not freely and voluntarily made and the defendant did not knowingly…