People v. Sanders

MR, JUSTICE KELLEY

delivered the opinion of the Court.

Defendant entered a plea of guilty to an assault to rob charge in the District Court in the City and County of Denver, and thereafter was sentenced to the penitentiary on September 17, 1969. He now brings this Crim. P. 35(b) motion asking to vacate the judgment and sentence entered on that plea on the grounds that the trial court did not comply with Crim. P. 11 in accepting his plea. We agree. The trial court did not determine that the defendant understood the nature and elements of assault to rob, therefore, the judgment and sentence must…