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GARCIA v. STATE

No. 2D00-3230.

846 So.2d 660 (2003)

Carlos M. GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 4, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

Carlos Garcia appeals from the order denying his motion to withdraw his guilty plea. He argues that the trial court erred in denying the motion without his presence at an evidentiary hearing and by failing to appoint a conflict-free attorney to represent him during the hearing on his motion. We agree and reverse.

Garcia wrote a letter to the trial court asking to withdraw his plea, alleging that his trial counsel misled him into entering

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