Rickardo Stephens v. State, 141 So. 3d 701 (Fla. 4th DCA 2014). · Go Syfert
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Rickardo Stephens v. State, 141 So. 3d 701 (Fla. 4th DCA 2014). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, 2019–2023 · …a motion to withdraw plea is considered a critical stage of a criminal proceeding, and thus a defendant is entitled to counsel. at p. 702 ✓
29 citation events (29 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) DOMINICK R. WALKER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2023 · confidence medium
“A motion to withdraw plea is considered a critical stage of a criminal proceeding, and thus a defendant is entitled to counsel.” Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JC LORENZO BAKER, JR. vs STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · confidence medium
Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) State v. Strickland
Ohio Ct. App. · 2014 · confidence medium
No. 50830, 2009 WL 3191711 (Nev.2009) (“A hearing on a motion to withdraw a guilty plea is a critical stage of litigation, and a defendant therefore has a right to counsel at the hearing.”); Kansas v. Taylor, 266 Kan. 967, 975 , 975 P.2d 1196 (1999); Stephens v. Florida, 141 So.3d 701, 702 (Fla.App.2014); United States v. Sanchez-Barreto, 93 F.3d 17 (1st Cir.1996); Forbes v. United States, 574 F.3d 101 (2d Cir.2009); United States v. Garrett, 90 F.3d 210, 212 (7th Cir.1996). {¶ 16} In general, we review alleged instances of ineffective assistance of trial counsel under the two prong analy…
discussed Cited "see" Young v. State of Florida (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
discussed Cited "see" Young v. State of Florida (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014).
discussed Cited "see" DASMOND BRANNON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Tipler v. State, 149 So. 3d 1192, 1193 (Fla. 1st DCA 2014) (“Because Appellant was completely denied representation and assistance with regard to his motion to withdraw plea, reversal is required.” (citing Stephens v. State, 141 So. 3d 701, 702 (Fla. 4th DCA 2014) (reversing summary denial of a motion to withdraw plea because the appellant’s counsel withdrew prior to the court’s ruling on the motion))); State v. Young, 626 So. 2d 655, 657 (Fla. 1993) (“We conclude that the United States Supreme Court 7 decision in Faretta [v. California, 422 U.S. 806 (1975),] and our rule 3.111(d…
discussed Cited "see" Gianni Passino v. State of Florida (2×)
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Stephens v. State, 141 So.3d 701, 702 (Fla. 4th DCA 2014).
examined Cited "see" James H. Tipler v. State of Florida (3×)
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Stephens v. State, 141 So.3d 701, 702 (Fla. 4th DCA 2014) (reversing summary denial of a motion to withdraw plea because the appellant’s counsel withdrew prior to the court’s ruling on the motion).
discussed Cited "see, e.g." Ernest Archie v. State of Florida (2×)
Fla. Dist. Ct. App. · 2015 · signal: see also · confidence medium
See id. (“Because Appellant was completely denied representation and assistance with regard to his motion to withdraw plea, reversal is required.”); see also Stephens v. State, 141 So.3d 701, 702 (Fla. 4th DCA 2014) (reversing denial of pro se motion to withdraw plea and remanding for the trial court “to appoint conflict-free counsel to assist Stephens in drafting his motion” because his counsel had withdrawn prior to the court’s ruling on the motion).
Retrieving the full opinion text from the archive…
Rickardo STEPHENS, Appellant,
v.
STATE of Florida, Appellee
4D12-4523.
District Court of Appeal of Florida, Fourth District.
Jul 2, 2014.
141 So. 3d 701
Rickardo Stephens, Arcadia, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
Damoorgian, Warner.
Cited by 19 opinions  |  Published
DAMOORGIAN, C.J.

Rickardo Stephens appeals the trial court’s denial of his pro se motion to withdraw plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(Z). Prior to the court’s ruling on Stephens’ motion, his counsel withdrew on the grounds of conflict. Although Stephens requested that the court appoint him conflict-free counsel in his motion, the court summarily denied it without appointing conflict-free counsel. We find error and reverse.

Rule 3.170(Z) provides for a motion to withdraw plea within thirty days after sentencing on grounds specified in Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)a-e. A motion to withdraw plea is considered a critical stage of a criminal proceeding, and thus a defendant is entitled to counsel. Schriber v. State, 959 So.2d 1254, 1256 (Fla. 4th DCA 2007). Accordingly, the court erred in considering Stephens’ motion without first appointing conflict-free counsel. [1] We reverse and remand, directing the trial court to appoint conflict-free counsel to assist Stephens in drafting his motion. The trial court may then determine whether to summarily deny the motion or to hold an evidentiary hearing.

Reversed and Remanded.

WARNER and MAY, JJ., concur.
1

. Had Stephens’ counsel not withdrawn, our analysis would be different. Under such a scenario, so long as the motion alleged an adversarial relationship between Stephens and his counsel, the trial court would have been required to "hold a limited hearing” to determine whether “an adversarial relationship between counsel and the defendant has arisen” and thus whether Stephens was entitled to new, conflict-free counsel. Sheppard v. State, 17 So.3d 275, 287 (Fla.2009); see also Nelfrard v. State, 34 So.3d 221, 223 (Fla. 4th DCA 2010).