Smith v. State
Smith v. State
Opinion of the Court
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 se
. The defendant personally requested the court to permit him to withdraw the plea. The public defender representing appellant stated he was not in position to make any comment on the defendant’s motion at that time.
Reference
- Full Case Name
- Gary Joe SMITH v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published