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SMITH v. STATE

No. 2D01-5279.

835 So.2d 1259 (2003)

Donald Harvey SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 31, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and William I. Munsey, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Donald Smith challenges the trial court's denial of his motion to withdraw plea. Although an apparent conflict developed between Smith and his trial counsel at the hearing on the motion, the trial court failed to offer Smith the assistance of a separate attorney. We reverse.

The preferred course to follow once a defendant files a motion to withdraw plea alleging misrepresentation, coercion or duress...

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