People v. Dorner, Docket No. 7548
| Decision Date | 02 June 1970 |
| Docket Number | No. 3,Docket No. 7548,3 |
| Citation | 24 Mich.App. 306,180 N.W.2d 201 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert A. DORNER, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Harry T. Cook, Mancelona, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Richard L. Westerman, Pros. Atty., for plaintiff-appellee.
Before HOLBROOK, P.J., and BRONSON and MUNRO, * JJ.
Defendant entered a voluntary plea of guilty to breaking and entering a drug store on February 7, 1969, with intent to commit larceny therein. M.C.L.A. § 750.110 (Stat.Ann.1970 Cum.Supp. § 28.305). Sentence was from 2 1/2 to 10 years. On appeal, defendant requests withdrawal of the guilty plea, contending that his answers to the court at the plea acceptance hearing were prompted by promises allegedly made to him by the sheriff and probation officer that by entering a guilty plea his sentence would be probation.
There is no basis in the record for the claim advanced upon appeal that the defendant 'was lured and induced' to plead guilty by 'an expectation of leniency.'
The following question was asked at arraignment:
'Mr. Dorner: No, sir.'
In the sentence record the court asked the following questions:
The defendant's participation in the commission of the crime was adequately established by direct questioning of the defendant, as required by People v. Barrows (1959), 358 Mich. 267, 272, 99 N.W.2d 347; the defendant stated, 'I broke through a door' and later, 'I went inside and found two cash registers there and I proceeded to empty them.'
Defendant's assertion that his plea was not voluntary is made for the first time in this appeal. A reading of the transcript of the arraignment discloses a thorough and careful questioning of the defendant by the trial judge, which establishes, in so far as the record is concerned that the defendant's plea of guilty was voluntary and not the result of any promises...
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...forum for entertaining a post-plea allegation of involuntariness not supported by the record is the trial court.' People v. Dorner, 24 Mich.App. 306, 308, 180 N.W.2d 201 (1970); People v. Smith, 20 Mich.App. 307, 308, 174 N.W. 8 (1969). There are other modern cases involving the review of t......
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