People v. Griffin, Docket No. 9097
| Decision Date | 27 March 1972 |
| Docket Number | No. 3,Docket No. 9097,3 |
| Citation | 39 Mich.App. 464,198 N.W.2d 21 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Johnnie GRIFFIN, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Johnnie Griffin, in pro. per.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., James K. Miller, Pros. Atty., Donald A. Johnston, III, Chief Appellate Atty., for appellee. Before McGREGOR, P.J., and LEVIN and TARGONSKI, * JJ.
Defendant was convicted upon his plea of guilty to third-offense possession of marijuana, M.C.L.A. § 335.153; M.S.A. § 18.1123.
At the time of plea acceptance, a jury trial was pending on a charge of unlawful sale. M.C.L.A. § 335.152; M.S.A. § 18.1122.
In a re-arraignment proceeding, defense counsel stated:
'We have explained to him that this charge (unlawful sale) has been pending for more than a year, and that the court did grant us an adjournment from January 23d to this date.' (April 8, 1968.)
At the request of defense counsel, defendant was allowed to address the court and made the following request:
The additional $1,000 was for research and preparation of briefs on a Detroit Recorder's Court case dealing with punishment and other narcotic constitutional issues. Defendant's attorney testified:
The trial court refused to delay the trial:
'I won't adjourn it for the purpose of you getting more money on this sort of thing. You should be able to make some sort of arrangements with Mr. Meana. But this is ready for trial, as far as the court is concerned. I think we ought to proceed to trial or whatever other disposition is necessary.
'Mr. Meana: Do you understand, Johnnie, that the court has denied the request for adjournment?
'Mr. Griffin: Yes, sir.
'Mr. Meana: O.K., is it now your intention to proceed to trial, or do you wish to plead to the second count on the amended information?' (Possession of narcotics, 3d offense.)
After a twenty-minute conference between defendant and his attorney, a plea of guilty was entered to third offense of possession of narcotics. Sentence was from 20 to 40 years, pursuant to M.C.L.A. § 335.153; M.S.A. § 18.1123.
Defendant appeals his conviction on the grounds that he was denied effective assistance of counsel and that his plea of guilty was coerced. 1 In People v. Sinclair, 387 Mich. 91, 194 N.W.2d 878 (1972), the Supreme Court declared that marijuana is improperly classified as a narcotic and held that such classification is unconstitutional. 2 Sinclair's conviction of possession of marijuana was reversed and Sinclair was discharged. For the reasons stated in Sinclair, ...
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