People v. McClellan

Defendant-Appellant, Samuel B. McClellan, was sentenced to the state penitentiary on a plea of nolo contendere to the charge of “Procuring food or accommodations with intent to defraud,” under the statute, 1965 Perm. Supp., C.R.S. 1963, 68-1-1. Thereafter, he sought to have the plea and sentence set aside, alleging that his plea was entered upon a promise of probation which was not granted. He also contends here — although he did not raise this question in his Crim. P. 35(b) petition — that he was not properly informed of all the elements of the crime charged. The trial court held an…