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Nuzzo v. State

District Court of Appeal of Florida, Second District
Dec 15, 1972
269 So. 2d 379 (Fla. Dist. Ct. App. 1972)

Opinion

Nos. 71-906, 71-907.

November 8, 1972. Rehearing Denied December 15, 1972.

Appeal from the Circuit Court, Pinellas County, Robert L. Williams, J.

Harry W. Fogle, of Fogle Wilson, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.


Appellant appeals the denial of his motion to withdraw his plea of guilty to each of two informations and enter pleas of not guilty thereto.

Appellant proffered testimony to corroborate his allegations in the motion; however, the trial court denied the proffer and summarily denied the motion.

We hold that the appellant was entitled to an evidentiary hearing in view of the allegations of his motion which were in part corroborated by the proffered evidence.

Bartz v. State, Fla.App. 1969, 221 So.2d 7.

Reversed and remanded.

LILES, A.C.J., and HOBSON, J., concur.

McNULTY, J., dissents.


Summaries of

Nuzzo v. State

District Court of Appeal of Florida, Second District
Dec 15, 1972
269 So. 2d 379 (Fla. Dist. Ct. App. 1972)
Case details for

Nuzzo v. State

Case Details

Full title:JOSEPH NUZZO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 15, 1972

Citations

269 So. 2d 379 (Fla. Dist. Ct. App. 1972)

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