AVALON KEVIN JONES v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AVALON KEVIN JONES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D05-1237 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 27, 2006. An appeal from an order of the Circuit Court for Columbia County. Paul S. Bryan, Judge. Nancy A. Daniels, Public Defender; A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for appellant. Charlie Crist, Attorney General; Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. Appellant challenges the trial court s denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l). He properly asserts that the trial court erred in not appointing conflict-free counsel for the hearing on the motion. See Bullard v. State, 860 So. 2d 452 (Fla. 1st DCA 2003). Accordingly, the order denying appellant s motion to withdraw the plea is reversed, and the case is remanded for appointment of conflict-free counsel and for a new hearing on appellant s motion. BARFIELD, WOLF, and BROWNING, JJ., CONCUR. 2

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