Legal Opinion
Flemming v. State
District Court of Appeal of Florida
Decided September 28, 2016No. Nos. 1D14-5645, 1D14-5646PublishedCited by 5 opinions
1Opinion of the CourtWinokur, J.
Fred B. Flemming challenges the trial court’s summary denial of his motion to withdraw plea and his motion to appoint conflict-free counsel, arguing that the motion to withdraw plea entitled him to appointment of conflict-free counsel and to an evidentiary hearing under Rule 3.170(i), Florida Rules of Criminal Procedure. We affirm.
I
The State charged Flemming in Case No. 13-4940 with battery on a law enforcement officer, resisting an officer with violence, possession of cocaine, and possession of cannabis; and in Case No. 13-6833 with grand theft auto, resisting an officer without violence,…
2Cases cited6 opinions
- Sheppard v. StateSupreme Court of Florida · 2009
- State v. PartlowSupreme Court of Florida · 2003
- Nelfrard v. StateDistrict Court of Appeal of Florida · 2010
- Johnson v. StateDistrict Court of Appeal of Florida · 2009
- Rickardo Stephens v. StateDistrict Court of Appeal of Florida · 2014
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Jerald Anthony Tubbs v. State of FloridaDistrict Court of Appeal of Florida · 2017
- Joseph Wayne Smith v. State of FloridaDistrict Court of Appeal of Florida · 2018
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