PEOPLE v. McCLELLAN

No. 25408.

515 P.2d 1127 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel B. McCLELLAN, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 12, 1973.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


PRINGLE, Chief Justice.

Defendant-Appellant, Samuel B. McClellan, was sentenced to the state penitentiary on a plea of nolo contendere to the charge of "Procuring food or accommodations with intent to defraud," under the statute, 1965 Perm.Supp., C.R.S.1963, 68-1-1. Thereafter, he sought to have the plea and sentence set aside, alleging that his plea was entered upon a promise of probation which was not granted. He also contends here—although he did...

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