DIAZ v. STATE

PER CURIAM.

Diaz appeals the denial of his motion for post-conviction relief based on alleged ineffective assistance of counsel. To prevail and set aside a nolo or guilty plea alleging ineffectiveness of original trial counsel, a defendant must show that he, in fact, had a "viable" defense. Frazier v. State, 447 So.2d 959 (Fla. 1st DCA 1984). No such showing was made before the trial court during the hearing on the appellant's 3.850 Florida Rules of Criminal Procedure motion, and therefore the trial court's denial on the motion is affirmed.

AFFIRMED.