People v. Jackson
Decision Date | 03 December 1969 |
Docket Number | Docket No. 7653,No. 1,1 |
Citation | 174 N.W.2d 9,20 Mich.App. 414 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Matthew JACKSON, Defendant-Appellant |
Court | Court 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.
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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...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 ......
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