Andres v. State

STEVENSON, Judge.

In this case, we have for review the trial court’s summary denial of appellant’s motion to withdraw his plea of nolo contendere to the charge of capital sexual battery. Because we find that the ground raised in appellant’s motion was legally sufficient to permit him to withdraw his plea, we reverse and remand for an evidentiary hearing.

Appellant pled nolo contendere to a charge of sexual battery on a person less than twelve years of age. Prior to sentencing, appellant moved to withdraw his nolo plea based on what he terms “newly discovered evidence”: information received from…