Terry v. State

We reverse Appellant’s conviction for battery on a law enforcement officer. The trial court erred by denying defense counsel’s motion to withdraw based upon a conflict of interest.

Once a public defender moves to withdraw under section 27.53(3), Florida Statutes, from the representation of a client based on a conflict arising from adverse or hostile interests between two clients, the trial court must grant separate representation. See Guzman v. State, 644 So.2d 996, 999 (Fla.1994). A trial court is not permitted to re-weigh the facts consid*712ered by the public defender in determining that a…