People v. Cain
Decision Date | 22 April 1986 |
Docket Number | Docket No. 81720 |
Citation | 385 N.W.2d 632,148 Mich.App. 765 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John Chappell CAIN, Defendant-Appellant. |
Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., L. Brooks Patterson, Pros. Atty., Robert C. Williams, Chief Appellate Counsel, and Lisa Varnier, Asst. Pros. Atty., for the People.
Lawrence R. Greene, Detroit, for defendant on appeal.
Before T.M. BURNS, J.H. GILLIS and GRIBBS, JJ.
Defendant was originally charged with one count of felonious assault and one count of assault and battery. Defendant pled guilty to assault and battery, M.C.L. Sec. 750.81; M.S.A. Sec. 28.276. He appeals as of right. We affirm.
The sole issue on appeal is whether defendant was adequately advised of his rights prior to pleading guilty to assault and battery. Defendant specifically asserts that the court did not comply with GCR 1963, 785.7, now MCR 6.101(F), and requests that the guilty plea be set aside. We disagree. By its own terms, GCR 1963, 785.7 does not apply to guilty pleas to misdemeanors. GCR 1963, 785.10, now MCR 6.101(I), states:
"Except as provided in subrule 785.4 or as otherwise provided by rule or statute, the provisions of subrules 785.3 through 785.8 shall not apply to offenses punishable by imprisonment for a term of less than 6 months."
Assault and battery is a 90-day misdemeanor; thus the circuit court was not obligated to comply with GCR 1963, 785.7, Detroit v. Recorder's Court Judge, 85 Mich.App. 284, 292, 271 N.W.2d 202 (1978), lv den. 404 Mich. 808 (1978); People v. Barry, 23 Mich.App. 121, 122, 178 N.W.2d 129 (1970).
Defendant next contends that the circuit court failed to follow the rules controlling guilty pleas in a district court prior to accepting a plea of guilty to a misdemeanor. DCR 1963, 785.4(e), now MCR 6.201(D), requires that prior to accepting a guilty plea, the court:
In accepting the plea of guilty in the instant case, the following transpired between defendant and the court:
In addition to the above colloquy defendant completed and signed a guilty plea form consisting of three pages. 1 On the form defendant was advised of his right to a bench or jury trial and the rights that he would have had at either trial. He acknowledged that his plea was not the result of threats or promises and was made of his own free choice; he stated in his own words, "I drove after and hit a man with my car", and acknowledged that his plea was voluntary, accurate, and that he understood his rights. The following statement appeared immediately above defendant's signature on the final page of the plea form:
Immediately after defendant's signature the form contained a statement and signature of defendant's attorney:
In his argument defendant appears to imply that the circuit court was required to personally advise defendant of the rights outlined in DCR 785.4(e). A similar issue was raised in People v. Tallieu, 132 Mich.App. 402, 347 N.W.2d 469 (1984). In Tallieu the defendant pled guilty to a misdemeanor without the presence of an attorney. At the plea-taking proceeding the defendant received a form explaining the rights he was waiving but the trial court did not engage in any colloquy explaining the waiver of his rights. This Court found that the omission of such a colloquy was error and that it rendered the plea-taking constitutionally infirm. In a well-reasoned dissent, with which we agree, Chief Judge Danhof noted that when the district court rule was originally proposed to the Supreme Court it contained express language that the Court personally carry out the advice of rights and personally address the defendant. That language was deleted when the rule was adopted.
Tallieu, supra, p. 408, 347 N.W.2d 469.
We note, additionally, that the proposed rule originally had a provision which read "(2) by questioning the defendant, the court shall" (emphasis added). This language was also considered for DCR 785.4(d) and abandoned. This leads us to conclude that a determination of voluntariness and support for the finding that defendant is guilty of the charged offense may be satisfied by means other than "by questioning the defendant".
In People v. Smith, 98 Mich.App. 58, 296 N.W.2d 183 (1980), this Court examined the purpose behind GCR 1963, 785.7(d), as expressed by the Supreme Court in Guilty Plea Cases, 395 Mich. 96, 122, 235 N.W.2d 132 (1975):
"On appeal the issue is whether it appears on the record that the defendant was informed of such constitutional rights and incidents of a trial as reasonably to warrant the conclusion that he understood what a trial is and that by pleading guilty he was knowingly and voluntarily giving up his right to a trial and such rights and incidents." Smith, supra, 98 Mich.App. p. 60, 296 N.W.2d 183.
See also People v. Lockett, 111 Mich.App. 405, 409, 314 N.W.2d 640 (1981) (Danhof, C.J., dissenting), rev'd 413 Mich. 868, 318 N.W.2d 31 (1982).
In our view the requirements set forth in DCR 785.4(e) were met in the instant case. Defendant completed a comprehensive, clearly written form which explained all the rights inherent in the trial which would be waived by a plea of guilty, established the basis of the plea, and established that defendant's plea was understanding, voluntary and accurate. In addition, he admitted his guilt on the record before the trial court.
Affirmed.
1 The plea form consisted of a series of printed questions with space for
appropriate responses by the defendant and is reproduced below....
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