State v. Pooley

Sheran, Justice.

Appeal from a district court judgment of conviction.

On August 16, 1965, defendant was convicted, pursuant to his guilty plea, of having, on May 6, 1965, committed an act of sodomy upon his 14-year-old stepson. On November 5, 1965, he was sentenced to not more than 5 years in the State Prison. He appeals the conviction on the grounds (1) that his guilty plea was made under a genuine misapprehension of his rights, and (2) that the trial court abused its discretion in sentencing him to prison rather than to a state hospital or to probation.

Defendant urges that he entered a plea…