(Download) "State v. John Joseph Borough" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: State v. John Joseph Borough
- Author : Supreme Court of Minnesota
- Release Date : January 02, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Upon his plea of guilty in District Court of St. Louis County, defendant was convicted of the crime of burglary in violation
of Minn. St. 609.58, subd. 2(3). Defendant in this appeal from the judgment seeks to have his sentence vacated so that he
may be permitted to withdraw his plea of guilty and enter a plea of not guilty or, in the alternative, that the matter be
remanded to the district court for hearing on his claim of right to withdraw his plea of guilty. 1. Defendant urges, first, the constitutional ground that he was denied adequate representation of counsel in two respects:
(a) That he did not receive the benefit of appointed counsel until the fourth day after his arrest; and (b) that the public
defender advised him to plead guilty. The record plainly refutes any claim of dilatory appointment of counsel; the complaint
was filed against defendant in the municipal court for St. Louis County on April 13, 1966, and he appeared with court-appointed
counsel on April 15, 1966. The record, with equal clarity, refutes the defendant's assertion that the public defender advised
him to plead guilty, as witness the following colloquy among defendant, court, and counsel at arraignment on April 26, 1966:
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