People v. Anderson
Decision Date | 09 August 1977 |
Docket Number | Docket No. 26966 |
Citation | 77 Mich.App. 357,258 N.W.2d 225 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Elva Jean ANDERSON, Defendant-Appellee. |
Court | Court of Appeal of Michigan — District of US |
James R. Neuhard, State Appellate Defender, Detroit, for defendant-appellee.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Edward R. Wilson, Appellate Chief Asst. Pros. Atty., Robert M. Morgan, Asst. Pros. Atty., for plaintiff-appellant.
Before BEASLEY, P. J., and V. J. BRENNAN and McDONALD, * JJ.
Defendant Elva Jean Anderson was charged with the offense of first-degree murder, contrary to M.C.L.A. § 750.316; M.S.A. § 28.548. The trial commenced on October 6, 1975, before Recorder's Court Judge Thomas L. Poindexter. On October 9, 1975, the trial court accepted defendant's plea of guilty to the offense of manslaughter, contrary to M.C.L.A. § 750.321; M.S.A. § 28.553, over the objections of the prosecuting attorney. On November 24, 1975, defendant was sentenced to probation for a period of three years. The prosecution filed claim of appeal on January 27, 1976.
This case is straight forward. Defendant was charged with the offense of first-degree murder. Trial commenced on that charge October 6, 1975. On October 9, 1975, defendant pled guilty to the included offense of manslaughter, contrary to M.C.L.A. § 750.321; M.S.A. § 28.553. The prosecution objected to acceptance of the plea by the trial court. The prosecution still had two res gestae witnesses to present. The trial court overruled the prosecution's objections to acceptance of a plea to the offense of manslaughter. The trial court stated that "after hearing the testimony up to this time, * * * the charge of murder should not have been made in this case; * * * the Judge who conducted the examination in this case, if she (sic ) had heard the testimony that has been given in this Court, would not have bound the defendant over on the charge of murder in the first degree".
The trial court sentenced defendant to spend three years probation on the manslaughter conviction. On appeal, prosecution raises two principal allegations of error. We will speak to each one as presented.
The prosecution first contends that the trial court erred by accepting defendant's plea to the offense of manslaughter over objection.
We do not believe extended analysis is required in order to resolve this issue. Genesee Prosecutor v. Genesee Circuit Judge, 391 Mich. 115, 215 N.W.2d 145 (1974). See People v. Morgan, 63 Mich.App. 686, 688, 235 N.W.2d 154 (1975). In Genesee Prosecutor, the Michigan Supreme Court held that error was committed when a trial court accepted a plea of guilty to a lesser included offense to the offense charged where the plea was taken over the prosecution's objections. Defendant there was charged with murder. The trial judge accepted defendant's plea to the offense of manslaughter over the prosecution's objection. The Supreme Court held that the trial court committed reversible error in so accepting the plea. Genesee Prosecutor v. Genesee Circuit Judge, supra, 391 Mich. at 121-123, 215 N.W.2d 145. See also Genesee Prosecutor v. Genesee Circuit Judge, 386 Mich. 672, 684, 194 N.W.2d 693 (1972).
We find this case controlled by the Genesee Prosecutor decisions. Read together, those two cases prohibit a trial court from accepting a plea to a lesser included offense over prosecution's objection. The trial court in the instant case accepted defendant's plea to the offense of manslaughter over the prosecutor's objection. At the time the judge accepted the plea, the two remaining prosecution witnesses, through their testimony, might very well have proved beyond a reasonable doubt the elements that the trial judge thought were lacking. We feel he should have heard those witnesses.
We must next decide whether the prosecution is barred from retrying defendant on the charged offense of first-degree murder because the trial court accepted defendant's plea of guilty to the offense of manslaughter after the trial had begun.
The Michigan Supreme Court has held that where a plea of guilty to the lesser offense is accepted but reversed because of noncompliance with the guilty plea rule...
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People v. Anderson
...the "charges of murder in the first degree and murder in the second degree" and discharged the jury. 3 The Court of Appeals, 77 Mich.App. 357, 258 N.W.2d 225, reversed and remanded for trial on first-degree murder. It held that the judge was not authorized to accept a plea to a lesser offen......