People v. Kelly

*32Opinion by

MR. JUSTICE HODGES.

Defendant Kelly was charged with the Class 4 felony of second-degree assault under 1971 Perm. Supp., C.R.S. 1963, 40-3-203(c).1 He tendered a plea of nolo contendere which was accepted by the trial court. The matter was then continued for disposition to permit an application for probation.

Before the date of disposition, the public defender, who had represented the defendant, withdrew from the case and private counsel entered his appearance on behalf of this defendant. A motion was thereupon filed requesting the withdrawal of the defendant’s nolo contendere plea.…