Grand
People v. Grand
Opinion
Opinion
Herndon, J.
By a three count information appellant was charged with violating Penal Code sections 211 (robbery), 209 (kidnaping for purposes of robbery), and 245 (assault by means of force likely to produce great bodily injury). A prior felony conviction was alleged. Appellant initially entered a plea of not guilty to all the charges. By a subsequent plea he pleaded guilty to violating Penal Code section 245, and the two remaining counts against him were dismissed. He then made application for and was denied probation. Thereafter, he was sentenced to state prison for the term prescribed by law.
Appellant moved the court for a new trial and vacation of his plea of guilty on the grounds (1) that his attorney had promised him that he would not go to prison if he entered a guilty plea; (2) that the court had erred in failing to make more detailed inquiry “into the providence of the plea”; and (3) that at the time he entered his guilty plea his attorney failed to advise him that the admissibility of his confession was questonable. This motion was denied and the present appeal followed in due course after the trial court issued a certificate of probable cause pursuant to Penal Code…