5D04-1817 Kevin Nichols v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D04-1817.op

Case Date: 07/12/2004

Plaintiff: 5D04-1817 Kevin Nichols

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2004

KEVIN NICHOLS,

Appellant,
v. CASE NO. 5D04-1817 STATE OF FLORIDA,
Appellee. ________________________________/ Opinion filed July 16, 2004
3.850 Appeal from the Circuit Court
for Volusia County,
Julianne Piggotte, Judge.

Kevin Nichols, Daytona Beach, pro se.
No Appearance for Appellee.
PER CURIAM.

Kevin Nichols shot and killed his victim and dumped his body in a trash can in the Halifax River. Nichols eventually entered a no contest plea to manslaughter with a firearm, a first-degree felony. Following an unsuccessful direct appeal, Nichols filed a Florida Rule of Criminal Procedure 3.850 motion, maintaining, among other things, that his plea was involuntary. Because he did not file a timely post-sentencing motion to withdraw his plea, the trial court correctly denied Nichols

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