EMERSON v. STATE

No. 2-1274A300.

348 N.E.2d 48 (1976)

Cornelius EMERSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

May 26, 1976.


Attorney(s) appearing for the Case

William Levy, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Judge.

Emerson filed a petition for post conviction relief alleging reversible error in the refusal of the trial court to permit him to withdraw a guilty plea which had been entered May, 16, 1974. Relief was denied and Emerson appeals.

When Emerson entered his plea of guilty to a reduced charge of robbery, IC 1971, 35-4.1-1-6(c) providing for the withdrawal of such pleas after judgment and sentence, was in effect. The statute, which is set out below...

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