Florida District Courts of Appeal, 1996

Goines v. State

Florida District Courts of Appeal · Decided April 10, 1996 · Farmer, Gunther, Warner

670 So. 2d 1201; 1996 Fla. App. LEXIS 3733; 1996 WL 165391 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Goines v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

FARMER, Judge.

We reverse the trial court’s refusal to continue an evidentiary hearing on a rule 3.850 motion at the defendant’s request to obtain counsel. See Williams v. State, 472 So.2d *1202738 (Fla. 1985). On remand, if the court should find that defendant is indigent and unable to obtain private counsel, the trial court shall exercise its discretion under Williams as to the appointment of counsel. We remind the trial judge that, an evidentia-ry hearing having previously been required on this particular, pending rule 3.850 motion, see Goines v. State, 632 So.2d 292 (Fla. 4th DCA 1994), three of the four Williams criteria for the appointment of counsel have already been satisfied.

REVERSED.

GUNTHER, C.J., and WARNER, J., concur.

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