GUNN v. STATE

No. 2D00-4617.

841 So.2d 629 (2003)

Kenneth GUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 4, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Bartow, for Appellant.

Charles R. Crist, Jr., Attorney General, Tallahassee, and Ha T. Dao, Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Kenneth Gunn appeals his judgment and sentences for two counts of sexual battery when the victim was physically incapacitated, one count of attempt to commit sexual battery when the victim was physically incapacitated, and one count of home invasion robbery. He argues that the trial court erred in denying his motion to withdraw plea prior to sentencing and by not affording him conflict-free counsel at the hearing on his motion. We reverse and remand...

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