FERGUSON v. STONE

No. 81-2198.

415 So.2d 98 (1982)

Wayne Clark FERGUSON, Petitioner, v. The Honorable Barry J. STONE, As Circuit Judge of the Seventeenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

June 9, 1982.


Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and T. Don Tenbrook, Asst. Public Defender, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for respondent.


GLICKSTEIN, Judge.

Petitioner, defendant in a criminal case before respondent, tendered a plea of nolo contendere to a charge of sexual battery. Based upon newly discovered evidence, he later filed a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(f), which the trial court denied. He now petitions this court for a writ of certiorari, seeking review of the order denying his motion. We conclude the petition should be denied.

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