People v. Kelly

After plea of guilty to the crime of robbery stipulated to be first degree, defendant appeals from the judgment of conviction. He also moves this court to vacate the judgment and to permit him to withdraw his plea of guilty.

Questions Presented

1. Was defendant denied adequate representation by counsel?

2. Effect of district attorney’s dismissal of the charge of being armed with a deadly weapon.

Record

Defendant was charged with two counts of violation of section 211, Penal Code (robbery). Each count, in addition to the charge of robbery, contained the statement that at the time of the commission…