Smith v. State

Gary Joe Smith was convicted upon his plea of nolo contendere to two counts of attempted sexual battery on a child less than twelve years of age. §§ 777.04(4) and 794.011(2), Fla.Stat. (1987). He contends that the trial court erred in denying his motion to withdraw the plea and proceed to jury trial without affording him an eviden-tiary hearing. See Rule 3.170(f), Fla.R. Crim.P. The motion, made pro se1 prior to the imposition of sentence, asserted essentially that when the plea was entered he had been drinking a substantial quantity of liquor, that he “had drank too much,” that he was scared…