Hammerstons v. State
District Court of Appeal of Florida
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
- State v. BravermanDistrict Court of Appeal of Florida · 1977
- Ferguson v. StoneDistrict Court of Appeal of Florida · 1982
3Cited by1 opinion
- Stone v. StateDistrict Court of Appeal of Florida · 1993