Tucker v. State

ERVIN, Judge.

Appellant, George Tucker, argues on appeal that he should have been permitted to withdraw his plea on the basis of newly discovered evidence. We do not agree and affirm.

Tucker entered a plea of nolo contendere to the charge of carrying a concealed firearm, a third degree felony. After finding that the plea was voluntarily entered, the court accepted the plea and sentenced Tucker to three years’ probation. Tucker’s counsel conceded at the hearing that a factual basis existed for the plea.

Following sentencing, Tucker moved to withdraw his plea. At the hearing on the motion,…