Vaughan v. State

Carley, Judge.

On December 3, 1979, appellant entered a plea of nolo contendere to a charge of burglary. A probated sentence of five years was entered on that date. On January 2, 1980, appellant filed a motion to withdraw his plea. However, because appellant’s motion was not “presented along with ... a Rule Nisi,” as apparently would have been required with regard to such motions under the local rules, it was not brought to the attention of the trial court. Thereafter and without any effort having been made to secure a ruling on the motion to withdraw the original plea, appellant’s probated…