Simmons v. State

SANDLER, HARRY N., Associate Judge.

Defendant in the trial court, appellant here, appeals from a judgment and sentence entered pursuant to a plea of guilty to an information containing two counts, one charging breaking and entering, and the second charging grand larceny. The only error assigned is that the trial court erred in denying defendant’s motion to withdraw his plea of guilty and be permitted to enter a plea of not guilty, which motion was filed January 28, 1960, but was not sworn to either by the defendant or his counsel. The ground relied upon in the said motion, in substance, is…