ORTIZ v. STATE

No. 93-609.

622 So.2d 131 (1993)

Rodolfo G. ORTIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 3, 1993.


Attorney(s) appearing for the Case

Rodolfo G. Ortiz, in pro. per.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


PER CURIAM.

Because the scant plea colloquy in the trial court and the balance of the record in this cause fails to conclusively refute the appellant Rodolfo G. Ortiz' facially viable claim that his nolo contendere plea in the cause was not freely and voluntarily entered because (a) he thought he was pleading nolo contendere to one robbery charge, rather than a series of criminal charges [including a third-degree murder charge] which, in fact, took place, and (b)...

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