People v. Padilla

Opinion by

Judge SMITH * .

Defendant, Joseph Padilla, appeals the sentence imposed following his plea of guilty to a charge of first degree assault. We remand for further proceedings.

Defendant entered a plea of guilty to first degree assault. Prior to sentencing, defendant moved to suppress two prior convictions: a 1973 Jefferson County conviction for second degree murder (Case No. 5281) and a 1970 Adams County conviction for robbery (Case No. C-3643).

At the commencement of his sentencing hearing, defense counsel called this motion to the attention of the court. The sentencing court noted that…