Henry v. State

Bell, Chief Judge.

Pursuant to his plea of nolo contendere entered on October 11, 1971 to simple battery committed February 21,1970, the defendant was sentenced on April 2,1973 to pay a fine of $100 and to serve 12 months confinement, the latter suspended upon payment of $2,450 medical bills generated by the battery inflicted upon the victim. The fine was paid and restitution made. No appeal was taken following sentence until almost 5 years after its imposition when defendant filed a "Motion to Vacate and Expunge.” This motion was heard and denied. It is from this order defendant appeals. Held: