CHARLES WOODS vs STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CHARLES WOODS, Appellant, v. Case No. 5D20-2034 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 11, 2021 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge. Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. This appeal stems from the denial of Charles Woods’ motion to withdraw his plea to the charge of lewd or lascivious molestation. Because the record did not conclusively refute the allegations in Woods’ motion, the trial court set the matter for a hearing and arranged for him to be transported from the Department of Corrections. Although Woods was not in the courtroom, the trial court conducted the hearing and denied his motion. 1 It is well established that a defendant is entitled to be present at a hearing on a motion to withdraw plea because it is a critical stage in the proceedings. Krautheim v. State, 38 So. 3d 802, 804–05 (Fla. 2d DCA 2010). The State concedes error, and as such, we reverse and remand for further proceedings. REVERSED AND REMANDED. COHEN, HARRIS and NARDELLA, JJ., concur. The record is silent as to whether Woods was at the local jail or in a holding cell at the courthouse. 1 2
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