People v. Janke

Opinion by

Judge DAVIDSON.

Defendant, Scott Kelly Janke, appeals from the order of the trial court granting the People’s motion for reconsideration of its prior order granting defendant’s Crim.P. 35(c) motion to set aside his judgment of conviction. We reverse and remand.

In 1983, pursuant to a plea bargain, defendant pled guilty to robbery and received a four-year stipulated sentence. However, he also was sentenced to a mandatory one-year parole term of which he was not advised prior to entry of his plea.

In January 1989, defendant filed a pro se Crim.P. 35(c) motion seeking to vacate the plea.…