Blackwood v. State

Arnold Blackwood timely appeals from the denial of his motion to withdraw his plea of guilty to aggravated battery, and resulting sentence of forty-nine months in prison. He argues the trial court erred in not granting his motion to withdraw his plea based on his counsel’s actual conflict of interest. We agree in part and reverse.

Facts

On February 20, 1998, the Office of the Public Defender filed a motion to withdraw from representing Blackwood, and to appoint conflict-free counsel. The Office contended that it had a conflict of interest because it had represented Blackwood’s alleged victim in…