Daniels v. State

In January 2009, Roy O. Daniels filed a rule 3.850 motion for postconviction relief. In it, he challenged a plea he allegedly entered into in his 1996 lower tribunal case, which was in connection with violation of probation (VOP) proceedings initiated in 2001. The trial court dismissed the motion as a legal nullity because, at that time, Daniels was represented by counsel in a then-pending VOP proceeding based on a 2008 affidavit of VOP. Daniels argues he was not represented by counsel in connection with his collateral attack on the 2001 proceedings. The trial court did not attach anything to…