District Court of Appeal of Florida September 14, 2009, 1D08-6314 (Martin v. State)

PER CURIAM.

At issue in this appeal is whether the trial court erred in failing to appoint conflict-free counsel to represent Appellant on

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his motion to withdraw plea before sentencing. As the State properly concedes, Appellant and his public defender had an apparent conflict of interest, and the trial court erred in not appointing conflict-free counsel to represent Appellant on the motion.