Legal Opinion

Hammerstons v. State

District Court of Appeal of Florida

Decided March 29, 1991No. 90-01077PublishedCited by 1 opinion

1Per curiam

We affirm defendant s conviction for aggravated assault with a deadly weapon and do not find erroneous the trial court’s denial of defendant’s motion to withdraw his nolo contendere plea.

The basis for the motion was that the victim had recanted her testimony. However, the record indicates that there were two witnesses whose testimony was not shown to have been recanted, that defendant did not testify, and that the evidence

fails to establish that the plea[] [was] not freely and voluntarily entered into by one competent to understand its consequences. It fails to establish that the plea[] [was]…

2Cases cited2 opinions

  1. State v. BravermanDistrict Court of Appeal of Florida · 1977
  2. Ferguson v. StoneDistrict Court of Appeal of Florida · 1982

3Cited by1 opinion

  1. Stone v. StateDistrict Court of Appeal of Florida · 1993

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