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DE GAGLIA v. STATE

No. 71-745.

257 So.2d 107 (1972)

John Mario DE GAGLIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 25, 1972.

Attorney(s) appearing for the Case

James D. Welch, Hallandale, for appellant.

Robert L. Shevin, Atty. Gen., William Whitlock and Joe DeMember, Asst. Attys. Gen., Tallahassee, for appellee.

OWEN, Judge.

Appellant was charged with possession of narcotics. He withdrew a previously entered plea of not guilty and entered a plea of nolo contendere which the court accepted. Thereafter, on July 30, 1971, he was adjudged guilty and sentenced. On August 2 he filed his motion to vacate the judgment and sentence, alleging in essence that the plea was involuntarily entered because he had been led to believe by the state that he would receive probation if he

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