Humphries v. State

BOYER, Chief Judge.

Appealing a judgment of guilt and resulting sentence, appellant urges that the trial court erred or abused its discretion in denying appellant’s motion to withdraw his plea of nolo contendere made prior to imposition of sentence. The State denies that the trial court so erred or abused its discretion and further claims that no Florida Rule of Criminal Procedure provides for the withdrawal of a plea of nolo contendere.

Our review of the record reveals that appellant’s plea of nolo contendere was incident to a plea bargaining agreement, that a factual basis for the plea was…