People v. Jones, Docket No. 55795
| Decision Date | 26 January 1982 |
| Docket Number | Docket No. 55795 |
| Citation | 314 N.W.2d 654,111 Mich.App. 465 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harold JONES, Jr., Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Edward Reilly Wilson, Principal Asst. Pros. Atty., Appeals, and Janice M. Joyce, Asst. Pros. Atty., for the people.
Angela R. Sims, Detroit, for defendant-appellant on appeal.
Before DANHOF, C. J., and BRONSON and KELLY, JJ.
Defendant, Harold Jones, pled guilty to possession with intent to deliver codeine, M.C.L. § 333.7401(2)(b); M.S.A. § 14.15(7401)(2)(b), and was sentenced to five months in the Detroit House of Correction. On appeal, defendant, citing People v. Johnson, 396 Mich. 424, 240 N.W.2d 729 (1976), cert. den. 429 U.S. 951, 97 S.Ct. 370, 50 L.Ed.2d 319 (1976), claims the district court erred when it bound him over for trial because the police lacked probable cause to arrest and search him.
We decline to follow the dicta in Johnson relied upon by defendant. In People v. Hill, 86 Mich.App. 706, 710-711, 273 N.W.2d 532 (1978), this Court stated that defects that merely impugn the accuracy of a bindover or conviction are waived by a defendant's guilty plea. Furthermore, challenges to the seizure of evidence attack the government's ability to prove its case and are waived by defendant's guilty plea. People v. Ferrigan, 103 Mich.App. 214, 218, 302 N.W.2d 855 (1981). Defendant waived his objection to the district court's order binding him over for trial, and his conviction is affirmed.
Affirmed.
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