Legal Opinion

Burns v. State

District Court of Appeal of Florida

Decided December 22, 2010No. 2D09-4662PublishedCited by 3 opinions

1Opinion of the Court

LaROSE, Judge.

Kevin Burns appeals an order revoking his probation and sentencing him to prison. See Fla. R. App. P. 9.140(b)(1)(D). The trial court required his counsel to represent him at the revocation hearing, despite an alleged conflict between Mr. Burns and counsel. Mr. Burns claims that the trial court should have held a hearing to explore the nature and extent of the alleged conflict. We agree and reverse.

FACTS

The State charged Mr. Burns with multiple counts of burglary. Upon advice of counsel from the Public Defender’s Office, Mr. Burns pleaded no contest. The trial court withheld…

2Cases cited4 opinions

  1. Sheppard v. StateSupreme Court of Florida · 2009
  2. Smith v. StateDistrict Court of Appeal of Florida · 2009
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2009
  4. Harris v. StateDistrict Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Cornelius v. StateDistrict Court of Appeal of Florida · 2017
  2. Clifton Cornelius v. StateDistrict Court of Appeal of Florida · 2017
  3. Jamison v. StateDistrict Court of Appeal of Florida · 2016

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