final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Escambia County. Darlene F.
Thomas, Public Defender, Justin Foster Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, Robert Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.
THOMAS, C. JUDGE
challenges the trial court's summary denial of his pro se
motion to withdraw plea, arguing that, because his motion
alleged an adversarial relationship with his counsel, he was
entitled to appointment of conflict-free counsel.
January 13, 2016, Appellant was charged by information with
Felony Petit Theft and pled nolo contendere. At his plea
hearing on August 24, 2016, Appellant told the court that he
understood that by pleading straight up, he did not know what
his sentence would be. Appellant stated that he understood he
was charged with six counts of felony theft, and he
understood each of the charges. He understood that each case
carried a maximum five-year sentence and a $5, 000 fine.
Appellant stated that he agreed with the facts in each of the
charges and understood that, based on his scoresheet, he
faced a minimum of 19 months in state prison. Appellant
further stated that he understood that, by pleading no
contest, he waived his right to a jury trial, the right to
cross-examine witnesses, the right to present witnesses, and
any legal defenses he may have had. Appellant stated that no
one was forcing him to plead no contest and that he was not
under the influence of alcohol, drugs, or medication.
Appellant stated that he had had time to go over the charges
with his attorney, and he was satisfied with his
attorney's advice and the representations his attorney
had made to him.
court accepted Appellant's plea, finding that in each
case, each count was knowingly and voluntarily entered, and
there was a factual basis for each. The court adjudicated
Appellant guilty and sentenced him to serve 36 months in
state prison, with credit for 212 days of time served.
December 21, 2016, Appellant filed a pro se motion to
withdraw plea, in which he alleged that he "scored out
to 19.3 months," and his attorney did not inform him
that he would receive a three-year prison sentence. Appellant
alleged that he pled out based on his attorney's advice,
but he wasn't advised as to "what cost or risk that
[he] would be facing."
trial court entered an order denying Appellant's motion
to withdraw plea, stating that, despite Appellant's
allegations that he did not know he would be given a
three-year prison sentence, Appellant's plea was entered
freely, voluntarily, and intelligently given.
standard of review of a trial court's denial of a motion
to withdraw plea is abuse of discretion. Woodly v.
State, 937 So.2d 193, 196 (Fla. 4th DCA 2006). Where a
defendant files a facially sufficient motion to withdraw his
plea, he is entitled to an evidentiary hearing on the issue
unless the record conclusively refutes his allegations.
motion to withdraw a plea pursuant to rule 3.170(l)
is a critical stage in the direct criminal proceeding at
which the defendant is entitled to effective assistance of