People v. Gonyea
| Decision Date | 29 June 1979 |
| Docket Number | No. 62977,62977 |
| Citation | 406 Mich. 982,280 N.W.2d 21 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jerry E. GONYEA, Defendant-Appellant. 406 Mich. 982, 280 N.W.2d 21 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we VACATE the Court of Appeals judgment and REMAND to the Alpena Circuit Court for the making of findings of fact and conclusions of law respecting defendant's claim that his plea was involuntary. Cf., People v. Hall, 399 Mich. 288, 249 N.W.2d 62 (1976); and Guilty Plea Cases, 395 Mich. 96, 127, 235 N.W.2d 132 (1975). Such findings and conclusions shall be made by the judge who presided over the evidentiary hearing of June 19, 1978. In making such findings the judge shall consider the transcript of proceedings of the plea hearing of November 5, 1976, and the transcript of proceedings of the hearing of June 19, 1978. Opportunity shall be provided the parties to present briefs.
In other respects the application for leave to appeal is DENIED.
We retain no jurisdiction.
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People v. Gonyea
...car, and that he was holding the gun. After a lengthy appellate process, the defendant's plea-based conviction was reversed. See 406 Mich. 982, 280 N.W.2d 21. In the subsequent trial, defendant filed a pretrial motion to suppress for impeachment purposes the use of the statements defendant ......
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People v. Gonyea
...made the statement at issue here after a guilty plea and sentence in this court which was later reversed on appeal. See 406 Mich. 982, 280 N.W.2d 21 (1979). The interrogating officers testified that defendant's attorney had agreed to allow them to question defendant without the attorney's b......