Lauro v. Lauro

The appellant challenges the denial of his motion to withdraw a plea, with the motion being timely and properly made under Florida Rule of Criminal Procedure 3.170(l). This pro se motion was filed after the court discharged the appellants appointed counsel subsequent to sentencing. Because the appellant was unrepresented and it does not appear that any offer of counsel was made by the court at this critical stage in the proceeding, the order denying the motion to withdraw the plea must be reversed and the case remanded so as to effectuate the appellants right to counsel. See Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)("The primary issue presented in this appeal concerns whether an indigent defendant has the right to court-appointed counsel to assist in filing a motion to withdraw plea after sentencing, pursuant to Florida Rule of Criminal Procedure 3.170(l). We answer the question in the affirmative and remand for the appointment of counsel.").