Legal Opinion

Atkins v. State

District Court of Appeal of Florida

Decided October 20, 2009No. 1D08-6149Published

1Per curiam

Henry Atkins, Appellant, appeals his judgment and sentence for conspiracy to traffic in cocaine. After this Court issued two orders relinquishing jurisdiction directing the trial court to appoint conflict-free counsel to represent Appellant on his motion to withdraw his plea, the trial court failed to appoint counsel before summarily denying Appellant’s motion. Appellant argues, among other things, that the trial court erred when it failed to comply with this Court’s express orders. The State concedes error on this point. We agree and reverse.

It is well-settled in Florida that when an…

2Cases cited4 opinions

  1. Palma Sola Harbour Condominium, Inc. v. HuberDistrict Court of Appeal of Florida · 1979
  2. Mendelson v. MendelsonDistrict Court of Appeal of Florida · 1977
  3. Mobley v. MobleyDistrict Court of Appeal of Florida · 2006
  4. Vega v. McDonoughDistrict Court of Appeal of Florida · 2007

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