James Lopez v. State

James Lopez appeals the trial court’s denial of his motion to withdraw his plea. Finding Lopez was improperly denied conflict-free counsel for the hearing of that motion, we reverse.

Lopez was charged with a variety of serious offenses in four separate cases. He entered an open plea to those charges and the trial court ordered a pre-sentence investigation because the State sought sentencing under the Prison Releasee Re-offender statute.

Prior to sentencing, Lopez filed a pro-se motion to withdraw his plea, alleging that his public defender had coerced him into entering the plea. Lopez was…