Kelly v. State

OPINION

JACKSON, Commissioner.

The conviction was for robbery by assault on a plea of guilty to the court; the punishment, five (5) years.

The sole ground of error advanced by his attorney is that the court erred in not granting a new trial because he says the undisputed record shows that appellant was persuaded and overreached by his attorney to enter a plea of guilty.

Appellant’s trial attorney was retained, but he is represented by a different retained attorney on the appeal.

The stipulated evidence, including a judicial confession of appellant showed that Le Marion Kelly and Johnny O’Neal…