WOODS v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Charles WOODS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-2034

Decided: June 11, 2021

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.

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.

FOOTNOTES

1. The record is silent as to whether Woods was at the local jail or in a holding cell at the courthouse.

PER CURIAM.

COHEN, HARRIS and NARDELLA, JJ., concur.

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