HAMMERSTONS v. STATE

No. 90-01077.

576 So.2d 944 (1991)

James B. HAMMERSTONS, a/K/a James Hammerstone, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 29, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

We affirm defendant's conviction for aggravated assault with a deadly weapon and do not find erroneous the trial court's denial of defendant's motion to withdraw his nolo contendere plea.

The basis for the motion was that the victim had recanted her testimony. However, the record indicates that there were two witnesses whose testimony was not shown to have been recanted, that defendant did not testify, and that the evidence

fails to establish...

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