ANTONIO JONES v. STATE OF FLORIDA

Appellant moved to withdraw his plea after sentencing. The trial court ordered an evidentiary hearing on the issue of whether his counsel misadvised him regarding the strength of his case. Nevertheless, the court refused to appoint counsel to represent him at the evidentiary hearing. On appeal .from the denial of the motion to withdraw his plea, appellant argues that the failure to appoint, counsel constituted fundamental error. Because the motion to withdraw a plea is a critical stage of the criminal proceedings, appellant was entitled to counsel. We therefore reverse and remand for a new…