People v. Ward

*358PETERS, P. J.

Charles T. Ward and Clayton D. Cirveau were charged with robbery. Ward pleaded not guilty and was convicted as charged. Cirveau first pleaded not guilty and then withdrew that plea and entered a plea of guilty. Testimony was taken by the court to establish the degree of robbery as to defendant Cirveau. As to defendant Cirveau the court found the degree to be first degree. Cirveau alone appeals from that portion of the judgment of the trial court determining that his offense was first degree, it being contended that, as a matter of law, it was second degree. ,

The pertinent statute…