Legal Opinion

David Davila v. State

District Court of Appeal of Florida

Decided May 6, 2016No. 5D14-4189Published

1Per curiam

David Davila (“Appellant”) appeals the trial court’s denial of his two pro se motions to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(i). Appellant argues, and the State properly concedes,' that the trial court erred by denying Appellant’s motions while he was unrepresented by counsel. See Hampton v. State, 848 So.2d 405, 405 (Fla. 2d DCA 2003) (“A motion to withdraw plea is a critical stage of a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel.” (citing Padgett v. State, 743 So.2d 70 (Fla. 4th DCA 1999))), When, as…

2Cases cited5 opinions

  1. Padgett v. StateDistrict Court of Appeal of Florida · 1999
  2. Roberts v. StateDistrict Court of Appeal of Florida · 1996
  3. Lingenfelser v. StateDistrict Court of Appeal of Florida · 1999
  4. Hampton v. StateDistrict Court of Appeal of Florida · 2003
  5. Cadet v. StateDistrict Court of Appeal of Florida · 2001

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