People v. Fratianno

Opinion.

HERNDON, Acting P. J.

Statement of the Case

Appellant James Fratianno entered a plea of guilty to a charge of conspiracy to commit petty theft. When the trial judge thereafter indicated his intention to deny appellant’s application for probation, appellant made a motion to withdraw his plea of guilty. After reviewing the affidavits and other evidence offered in support of the motion and in opposition thereto, and after hearing the arguments of counsel, the trial court denied the motion and entered judgment sentencing appellant to state prison for the term prescribed by law.

The sole…