From Casetext: Smarter Legal Research

Arakadie v. People

Supreme Court of Colorado. En Banc
Feb 8, 1965
398 P.2d 977 (Colo. 1965)

Opinion

No. 21380.

Decided February 8, 1965. Rehearing denied February 23, 1965.

Defendant pled guilty to the charge of conspiracy to commit robbery and was sentenced. By writ of error defendant seeks review of the judgment and sentence.

Writ of Error Dismissed.

1. CRIMINAL LAW — Plea of Guilty — Statute — Conspiracy to Commit Robbery — Writ of Error — Rules. Under Rule 37 (d), Colo. R. Crim. P., defendant, who had pled guilty to charge of conspiracy to commit robbery as defined in C.R.S. '53, 40-7-36, was not entitled to review of his judgment and sentence by writ of error.

Error to the District Court of the City County of Denver, Hon. Edward J. Keating, Judge.

Plaintiff in error, pro se.

DUKE W. DUNBAR, Attorney General, FRANK E. HICKEY, GEORGE H. SIBLEY, Special Assistant, for defendant in error.


ARAKADIE pled guilty to the charge of conspiracy to commit robbery as defined in C.R.S. '53, 40-7-36, and was thereafter sentenced to a term of from six to ten years in the State Penitentiary. By writ of error Arakadie now seeks review of this judgment and sentence.

Rule 37 (d) Colo. R. Crim. P. states that "[n]o writ of error on behalf of the defendant shall lie to a judgment based upon plea of guilty . . . ." and hence this writ of error must be, and hereby is, dismissed.

MR. JUSTICE MOORE not participating.


Summaries of

Arakadie v. People

Supreme Court of Colorado. En Banc
Feb 8, 1965
398 P.2d 977 (Colo. 1965)
Case details for

Arakadie v. People

Case Details

Full title:LEWIS ARAKADIE v. THE PEOPLE OF THE STATE OF COLORADO

Court:Supreme Court of Colorado. En Banc

Date published: Feb 8, 1965

Citations

398 P.2d 977 (Colo. 1965)
398 P.2d 977