People v. Alexander, Docket No. 77-1136
| Decision Date | 23 March 1978 |
| Docket Number | Docket No. 77-1136 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John ALEXANDER, Jr., Defendant-Appellant. 82 Mich.App. 486, 266 N.W.2d 489 |
| Court | Court of Appeal of Michigan — District of US |
[82 MICHAPP 486] James R. Neuhard, State Appellate Defender by Daniel J. Wright, Asst. State Appellate Defender, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Edward J. Grant, Pros. Atty., John L. Wildeboer, Asst. Pros. Atty., for plaintiff-appellee.
Before KAUFMAN, P. J., and D. E. HOLBROOK, Jr. and WALSH, JJ.
[82 MICHAPP 487] PER CURIAM.
Defendant, John Alexander, Jr., entered a plea of guilty to the charge of carrying a concealed weapon. M.C.L.A. § 750.227; M.S.A. § 28.424. At the time of the offense defendant was an inmate at the Jackson State Prison.
At the plea taking proceeding the prosecutor informed the court that, if the plea of guilty were accepted, no habitual criminal proceedings would be instituted against the defendant. Defendant now argues that his plea was involuntary because the prosecutor threatened to charge him as an habitual offender if he exercised his right to trial and was convicted.
We have carefully reviewed the record. It contains no evidence whatsoever that the prosecutor ever made such a threat. Even if the prosecutor had no intention of supplementing the defendant, it would be prudent, from the defendant's point of view, to have the prosecutor make a statement to that effect on the record before a plea of guilty was offered. There is nothing in the record which persuades us that anything other than that occurred in this case. We find no error.
Next the defendant contends that he could not be convicted of carrying a concealed weapon because Jackson State Prison where the incident occurred was "his dwelling house". We disagree.
The concealed weapons statute, M.C.L.A. § 750.227; M.S.A. § 28.424, provides:
(Emphasis added.)
In People v. Clark, 21 Mich.App. 712, 716, 176 [82 MICHAPP 488] N.W.2d 427, 430 (1970), this Court discussed the purpose of the "dwelling house" exception.
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People v. Marrow
...the exceptions to M.C.L. § 750.227; M.S.A. § 28.424 traditionally have been interpreted narrowly. For example, in People v. Alexander, 82 Mich.App. 486, 266 N.W.2d 489 (1978), this court rejected a state prison inmate's argument that the prison was his "dwelling house" and that he could the......
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...within the ambit of the exception, despite the fact that the property was being used for an illegal purpose. In People v. John Alexander, 82 Mich.App. 486, 266 N.W.2d 489 (1978), the Court found that the exception to the concealed weapons statute was inapplicable to an inmate who was arrest......
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Klemola v. City of Romulus, 94-1955
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People v. Briggs, Docket No. 78-3045
...defendant as an habitual offender if he [94 MICHAPP 726] exercised his right to a trial and was convicted. See People v. Alexander, 82 Mich.App. 486, 266 N.W.2d 489 (1978). At the sentencing hearing, the judge advised defendant that he had not agreed to the prosecutor's sentence recommendat......