People v. Banks, Docket No. 17084
| Decision Date | 23 January 1974 |
| Docket Number | Docket No. 17084,No. 1,1 |
| Citation | 214 N.W.2d 890,51 Mich.App. 406 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Phillip BANKS, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Robert R. Mallory, Detroit, for defendant-appellant; Carl Ziemba, Detroit, of counsel.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Michael Lang, Asst. Pros. Atty., for plaintiff-appellee.
Before LESINSKI, C.J., and BASHARA and VanVALKENBURG,* JJ.
Defendant pled guilty to the crime of assault with intent to commit armed robbery, M.C.L.A. § 750.89; M.S.A. § 28.284. He appeals his conviction, alleging that the trial judge erred in failing to advise him that he had the right to remain silent during the hearing required by GCR 1963, 785.7(1) for accepting a guilty plea.
A review of the record discloses that the trial judge fully complied with plea-taking procedures set forth in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and People v. Jaworski, 387 Mich. 21, 194 N.W.2d 868 (1972). Having done so, the trial judge was under the further obligation to accept the guilty plea only after interrogating the defendant as to the crime committed and his participation therein. GCR 1963, 785.7(3). See also People v. Taylor, 387 Mich. 209, 195 N.W.2d 856 (1972).
When a defendant decides to plead guilty to a lesser included offense, he conclusively waives Fifth Amendment rights for purposes of plea-taking proceedings. Boykin v. Alabama, Supra.
Affirmed.
* WADE VanVALKENBURG, former Circuit Court Judge, sitting on the Court of Appeals by assignment pursuant to Const.1963, art. 6, § 23 as amended in 1968.
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People v. Watkins, Docket No. 225572.
...he generally waives the right against compelled self-incrimination for the purpose of the pleataking procedure. People v. Banks, 51 Mich.App. 406, 407, 214 N.W.2d 890 (1974); Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In addition, a trial court is required t......