People v. Jackson

Decision Date03 December 1969
Docket NumberDocket No. 7653,No. 1,1
Citation174 N.W.2d 9,20 Mich.App. 414
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Matthew JACKSON, Defendant-Appellant
CourtCourt of Appeal of Michigan — District of US

George W. Schudlich, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., Lansing, William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief Appellate Division, Arthur N. Bishop, Asst. Pros. Atty., Wayne County, Detroit, for plaintiff-appellee.

Before BRONSON, P.J., and QUINN and DANHOF, JJ.

PER CURIAM.

This case is submitted on the People's motion to affirm. On April 9, 1969, defendant was convicted, on a plea of guilty, of felonious assault. M.C.L.A. § 750.82 (Stat.Ann.1962 Rev. § 28.277). On April 23, 1969, he was sentenced to serve 3 to 4 years in prison.

On appeal defendant asserts he was induced to enter a plea of guilty to felonious assault (which carries a maximum sentence of 4 years), rather than risk conviction of the greater offense of assault with intent to do great bodily harm less than murder. M.C.L.A. § 750.84 (Stat.Ann.1962 Rev. § 28.279). The argument lacks merit. A fulfilled promise of charge reduction is not ground for vacating a guilty plea even if the plea was induced thereby. People v. Kindell (1969), 17 Mich.App. 22, 168 N.W.2d 909.

Motion to affirm is granted.

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6 cases
  • People v. Norman
    • United States
    • Court of Appeal of Michigan — District of US
    • January 17, 1973
    ...22 Mich.App. 61, 64, 176 N.W.2d 714 (1970); People v. Leflore, 20 Mich.App. 588, 589, 174 N.W.2d 286 (1969); People v. Jackson, 20 Mich.App. 414, 415, 174 N.W.2d 9 (1969); see also In re Valle, 364 Mich. 471, 475, 110 N.W.2d 673 II. Did the trial judge fail to advise defendant sufficiently ......
  • People v. Sumlin
    • United States
    • Court of Appeal of Michigan — District of US
    • March 26, 1971
    ...promise of charge reduction is not ground for vacating a guilty plea even if the plea was induced thereby.' People v. Jackson (1969), 20 Mich.App. 414, 415, 174 N.W.2d 9, 10, citing People v. Kindell (1969), 17 Mich.App. 22, 168 N.W.2d 909. Whatever be the pressures inherent in the plea-bar......
  • People v. Graham
    • United States
    • Court of Appeal of Michigan — District of US
    • February 29, 1972
    ...promise of charge reduction is not ground for vacating a guilty plea even if the plea was induced thereby.' People v. Jackson, 20 Mich.App. 414, 415, 174 N.W.2d 9, 10 (1969), citing People v. Kindell, 17 Mich.App. 22, 168 N.W.2d 909 (1969); People v. Sumlin, 32 Mich.App. 1, 188 N.W.2d 144 (......
  • People v. Barron
    • United States
    • Court of Appeal of Michigan — District of US
    • October 27, 1970
    ...now be grounds for vacating the guilty plea. People v. Kindell (1969), 17 Mich.App. 22, 23, 168 N.W.2d 909; People v. Jackson (1969), 20 Mich.App. 414, 415, 174 N.W.2d 9; People v. Leflore (1969), 20 Mich.App. 588, 589, 174 N.W.2d 286. Secondly, there is also no requirement in guilty plea p......
  • Request a trial to view additional results

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