Marshall v. State

Evans, Judge.

The defendant was indicted for passing a bad check. He waived arraignment and plead nolo contendere, and was sentenced to serve twelve months. The sentence was formally pronounced by the trial court. Later, defendant made a motion to be allowed to withdraw his plea, contending that such was necessary in order to avoid a miscarriage of justice. The court overruled defendant’s motion to be allowed to withdraw his plea, and from that judgment defendant appeals to this court. Held:

1. Prior to pronouncement of sentence, a defendant is entitled, as a matter of right, to withdraw a plea…