De Gaglia v. State

OWEN, Judge.

Appellant was charged with possession of narcotics. He withdrew a previously entered plea of not guilty and entered a plea of nolo contendere which the court accepted. Thereafter, on July 30, 1971, he was adjudged guilty and sentenced. On August 2 he filed his motion to vacate the judgment and sentence, alleging in essence that the plea was involuntarily entered because he had been led to believe by the state that he would receive probation if he *108withdrew his not guilty plea and entered the plea of nolo contendere. The motion to vacate was :still pending on August 23 when…