People v. Sandoval

Opinion by

Judge HUME.

Defendant, Richard A. Sandoval, appeals the order of the trial court denying his Crim.P. 35(c) motion to set aside his conviction because his guilty plea was not volun tarily and knowingly made. We affirm the order insofar as it denied the motion to set aside the conviction, but vacate the sentence and remand with instructions.

Defendant pleaded guilty to aggravated robbery with a stipulated sentence of 16 years, the maximum for that offense. The trial court advised defendant that he could be sentenced to as little as two years, but that the court could not sentence him to…