APPLEGATE v. STATE

No. 2D09-1534.

23 So.3d 211 (2009)

Kevin Jon APPLEGATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 2, 2009.


Attorney(s) appearing for the Case

Kevin Jon Applegate, pro se.

Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


LaROSE, Judge.

Kevin Jon Applegate appeals the summary denial of his timely motions to withdraw plea. The trial court erred in treating the motions as ones under Florida Rule of Criminal Procedure 3.850 and in failing to appoint conflict-free counsel to Mr. Applegate. Consequently, we reverse.

Mr. Applegate entered a plea to various offenses. The trial court sentenced him to seven years in prison. Twelve days later, Mr. Applegate filed pro se motions to withdraw...

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