SMITH v. STATE

No. 89-434.

550 So.2d 174 (1989)

Gary Joe SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 20, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and David A. Davis, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

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 evidentiary hearing. See Rule 3.170(f), Fla.R. Crim.P. The motion, made pro se1 prior...

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