[Download] "Austin v. State" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: Austin v. State
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 05, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This appeal is from a judgment of conviction entered upon a plea of guilty and from an order denying the motion of the plaintiff in error Kenneth Allen Austin to withdraw the plea. On February 14, 1969, Austin pleaded guilty to a charge of armed robbery in violation of sec. 943.32 (1) (b) and (2), Stats. Austin, represented by counsel, agreed with the district attorney that the court could be apprised and take testimony of an additional uncharged crime of robbery and consider it in sentencing Austin upon his plea; in return, the district attorney agreed not to prosecute the uncharged robbery offense which Austin admitted. The trial court approved the stipulation, took the testimony concerning the uncharged crime and sentenced Austin to an indeterminate term of not more than eight years on the charged robbery count. Later, Austin by way of post-conviction remedy sought to have his plea of guilty vacated on the ground the agreement made by the district attorney not to prosecute him on the uncharged crime of robbery was against public policy and therefore he did not receive the quid pro quo for his plea of guilty and under State v. Reppin (1967), 35 Wis. 2d 377, 151 N.W.2d 9, this was a manifest inJustice which entitled him to withdraw his plea. His motion was denied and this appeal was taken.