Garcia v. State

ALTENBERND, Judge.

Jose Garcia appeals an order, entered on remand from his initial direct appeal, denying his motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170(¿). Because Mr. Garcia was denied the assistance of counsel at this critical stage in the criminal proceedings against him, we reverse.

In Mr. Garcia’s direct appeal of his judgment and sentence, he argued that the trial court erred in dismissing his pro se motion to withdraw plea, which was a motion filed pursuant to rule 3.170(l). The State conceded the error, and we reversed “the order dismissing [Mr.]…