JAMES B. HAMMERSTONS, A/K/A JAMES HAMMERSTONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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 that the plea[] [was] not freely and voluntarily entered into by one competent to understand its consequences. It fails to establish that the plea[] [was] induced by fear, misapprehension, undue persuasion, promises, mistake, fraud or ignorance.
State v. Braverman, 348 So. 2d 1183, 1187 (Fla. 3d DCA 1977). See also Ferguson v. Stone, 415 So. 2d 98 (Fla. 4th DCA 1982).
We strike the court costs and attorney’s fees without prejudice to the state to seek reimposition after proper notice and opportunity to be heard.
RYDER, A.C.J., LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stone v. State, 616 So. 2d 1041 (Fla. 4th DCA 1993)…edibility of this witness, fails to show that his “newly discovered evidence” would have conclusively precluded the entering of a guilty verdict in this case. Hallman v. State, 371 So. 2d 482 (Fla.1979); see also Hammerstone [Hammerstons ] v. State, 576 So. 2d 944 (Fla. 2d DCA 1991). At the time the trial court ruled on appellant’s motion, the Hallman standard applied to motions for new trial on the ground of newly discovered evidence. Since the ruling on this matter, however, the supreme court has held that…
Authorities Cited
- State v. Braverman, 348 So. 2d 1183 (Fla. 3d DCA 1977)
- Ferguson v. The Honorable Barry J. Stone, 415 So. 2d 98 (Fla. 4th DCA 1982)