(DOWNLOAD) "People V. Chippewa" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: People V. Chippewa
- Author : Colorado Supreme Court
- Release Date : January 08, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We granted certiorari to review the decision of the Colorado Court of Appeals in People v. Chippewa, 713 P.2d 1311 (Colo. App. 1985), which held that the district court erred in denying the defendant's motion to withdraw his plea of guilty to attempted first-degree murder. The court of appeals held that the plea had not been entered knowingly and voluntarily as required by due process of law because the district court had given the defendant erroneous information concerning the possible minimum sentence. The court had advised the defendant of the minimum sentence available for attempted first-degree murder in the absence of extraordinary aggravating circumstances rather than the higher minimum sentence applicable to the defendant, who was on parole when he committed the crime. We granted certiorari and now affirm the judgment of the court of appeals. We base our decision, however, on the conclusion that the trial court abused its discretion in refusing to permit withdrawal of the plea. We therefore find it unnecessary to reach the question of whether the defendant's plea was entered knowingly and voluntarily consistent with due process of law, and we express no opinion on that question.