People v. Martinez

Opinion by

MR. JUSTICE ERICKSON.

The issue before us is whether the trial court erred in not permitting the defendant, Raul Stephen Martinez, to withdraw his plea of guilty to possession of heroin, a narcotic drug. C.R.S. 1963, 48-5-2. Resolution of the question lies within the sound discretion of the trial court, and since the trial court did not abuse its discretion, we affirm.

Martinez was originally charged in an information with possession of heroin for sale, in violation of C.R.S. 1963, 48-5-2. He was admitted to bail, plead not guilty, and the case was set for trial. The defendant failed…