GARCIA v. STATE

No. 2D04-4409.

915 So.2d 779 (2005)

Jose Hernandez GARCIA, a/k/a Jose R. Hernandez, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 14, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Jose Hernandez Garcia, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Jose Garcia appeals an order, entered on remand from his initial direct appeal, denying his motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170(l). Because Mr. Garcia was denied the assistance of counsel at this critical stage in the criminal proceedings against him, we reverse.

In Mr. Garcia's direct appeal of his judgment and sentence, he argued that the trial court erred in dismissing his pro se motion...

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