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MILLER v. STATE

No. 2D01-4212.

838 So.2d 1213 (2003)

Stephen Cory MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 5, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Stephen Cory Miller appeals from the order denying his motion to withdraw plea. Without addressing the merits of the motion itself, we reverse the order denying the motion because Miller was not afforded the conflict-free counsel to which he was entitled at the hearing on the motion.

This court acknowledged in Harris v. State, 818 So.2d 567, 568 (Fla. 2d DCA 2002), "that a motion filed pursuant to...

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