(398 P.2d 977)
No. 21380.Supreme Court of Colorado.
Decided February 8, 1965. Rehearing denied February 23, 1965.
Defendant pled guilty to the charge of conspiracy to commit robbery and was sentenced. By writ of error defendant seeks review of the judgment and sentence.
Writ of Error Dismissed.
1. CRIMINAL LAW — Plea of Guilty — Statute — Conspiracy to Commit Robbery — Writ of Error — Rules. Under Rule 37 (d), Colo. R. Crim. P., defendant, who had pled guilty to charge of conspiracy to commit robbery as defined in C.R.S. ’53, 40-7-36, was not entitled to review of his judgment and sentence by writ of error.
Error to the District Court of the City County of Denver, Hon. Edward J. Keating, Judge.
Plaintiff in error, pro se.
DUKE W. DUNBAR, Attorney General, FRANK E. HICKEY, GEORGE H. SIBLEY, Special Assistant, for defendant in error.
En Banc.
MR. JUSTICE McWILLIAMS delivered the opinion of the Court.
ARAKADIE pled guilty to the charge of conspiracy to commit robbery as defined in C.R.S. ’53, 40-7-36, and was thereafter sentenced to a term of from six to ten years in the
Page 322
State Penitentiary. By writ of error Arakadie now seeks review of this judgment and sentence.
[1] Rule 37 (d) Colo. R. Crim. P. states that “[n]o writ of error on behalf of the defendant shall lie to a judgment based upon plea of guilty . . . .” and hence this writ of error must be, and hereby is, dismissed.
MR. JUSTICE MOORE not participating.