People v. Killingbeck

Defendant was charged in a two-count information with breaking and entering with intent to commit larceny 1 and attempt to break and enter with intent to commit larceny. 2 After waiving preliminary examination and prior to arraignment, defendant complied with the prosecuting attorney’s request to complete a prearraignment questionnaire. Defendant stood mute as to count 1 and entered a plea of guilty as to the second count of attempted breaking and entering. Following the court’s acceptance of defendant’s plea of guilty, a motion for entry of nolle prosequi on count 1 was filed together with…