ANDRES v. STATE

No. 96-0997.

683 So.2d 604 (1996)

Juan ANDRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 20, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, Judge.

In this case, we have for review the trial court's summary denial of appellant's motion to withdraw his plea of nolo contendere to the charge of capital sexual battery. Because we find that the ground raised in appellant's motion was legally sufficient to permit him to withdraw his plea, we reverse and remand for an evidentiary hearing.

Appellant pled nolo contendere to a charge of sexual battery on a person less than twelve years of age...

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