People v. Riney

Defendant Riney was charged with the crime of robbery and pleaded guilty to a charge which contained an allegation that, in the vernacular, constituted the crime of “aggravated” robbery. Thereafter, he filed a motion under Crim. P. 35(b). He alleged that he did not understand the nature of the charge when he pleaded guilty, and he testified at the evidentiary hearing that he did not know the difference between “simple” robbery and “aggravated” robbery, nor was he ever advised of the same. He testified further that he thought there was only one kind of robbery, and that had he known the…