JONATHAN TARELL FISHER v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

JONATHAN TARELL FISHER, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D15-4306

Decided: May 12, 2017

James S. Purdy, Public Defender, and Robert Jackson Pearce III, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

This matter is before the court for a second time. In the prior case of Fisher v. State, 168 So. 3d 313 (Fla. 5th DCA 2015), the matter was remanded back to the trial court for a Sheppard hearing.¹ At the hearing below, the trial court did not make an inquiry as to whether or not there was a conflict between Fisher and his trial counsel. Notwithstanding, it is apparent from the record that there was a definite conflict between trial counsel and Fisher. Appellant should have been appointed conflict free counsel prior to the hearing on whether to permit him to withdraw his plea. As a result, this matter is remanded to the trial court for appointment of conflict free counsel after which a hearing should be held on Appellant's motion to withdraw his plea.

REVERSED and REMANDED with directions.

FOOTNOTES

1. Sheppard v. State, 17 So. 3d 275 (Fla. 2009).

PER CURIAM.

EVANDER and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, concur.

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