People v. Knight, Docket No. 78-567
| Decision Date | 03 January 1980 |
| Docket Number | Docket No. 78-567 |
| Citation | 94 Mich.App. 526,288 N.W.2d 649 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Reginald KNIGHT, Defendant-Appellant. 94 Mich.App. 526, 288 N.W.2d 649 |
| Court | Court of Appeal of Michigan — District of US |
[94 MICHAPP 527] Robert B. Tatham, East Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., E. Reilly Wilson, III, App. Chief, Asst. Pros. Atty., for plaintiff-appellee.
Before T. M. BURNS, P. J., and BRONSON and MAHER, JJ.
Defendant-appellant, Reginald Knight, appeals of right his October 31, 1977, pleas of nolo contendere to the crimes of manslaughter, M.C.L. § 750.321; M.S.A. § 28.553, and possession of a firearm during the commission of a felony, M.C.L. § 750.227b; M.S.A. § 28.424(2). On November 8, 1977, defendant was sentenced to consecutive terms of 21/2 to 15 years for the former offense and two years for the latter. Defendant has raised three issues for our consideration and we find that one of them requires remand to the lower court.
Initially, we note that we find no merit in defendant's[94 MICHAPP 528] argument that he was denied effective assistance of counsel. Our review of the lower court record persuades us that defense counsel conscientiously protected defendant's interests and performed as well as a lawyer with ordinary training and skill in the criminal law. People v. Garcia, 398 Mich. 250, 247 N.W.2d 547 (1976). Moreover, we find that none of defense counsel's actions have resulted in a serious error but for which defendant would have had a reasonable likelihood of acquittal. People v. Degraffenreid, 19 Mich.App. 702, 718, 173 N.W.2d 317 (1969).
Defendant also contends that his plea was not voluntarily, intelligently or knowingly made and that the lower court erred in refusing to permit him to withdraw his plea at sentencing. The transcript of the plea proceeding indicates that defendant expressed an initial reluctance to make an inculpatory plea:
Following this exchange a conversation was held off the record. Thereafter, the plea proceeding continued and defendant made his nolo contendere plea which was accepted. The plea transcript does not disclose a factual basis supporting defendant's plea. Apparently, defendant's recollection of the criminal incident was so sketchy as to make it virtually impossible for him to recount his criminal[94 MICHAPP 529] activity. Nonetheless, on the date of sentencing, defendant, convinced that he was not guilty of any offense, requested permission to withdraw his plea.
Although there is no absolute right to withdrawal of a plea, requests to do so should be granted with "great liberality" if made prior to sentencing. People v. Price, 85 Mich.App. 57, 270 N.W.2d 707 (1978), Lv. den. 405 Mich. 819 (1979); People v. Winegar, 78 Mich.App. 764, 261 N.W.2d 45 (1977). In People v. Moore, 74 Mich.App 195, 198, 253 N.W.2d 708, 709 (1977), a panel of this Court held that where a defendant moves to withdraw a guilty plea, the trial court must "inquire in some detail why the defendant wishes to do so". We recognize that in the instant case we are not concerned with a "guilty plea" but rather with a plea of nolo contendere. However, because we are concerned with the maintenance of judicial integrity, we see no valid reason to distinguish on this point between guilty pleas and pleas of nolo contendere. If a defendant who has previously pled nolo contendere to a criminal charge seeks to have that plea withdrawn prior to sentencing on it, the trial court must make an inquiry into the defendant's reasons for wishing to withdraw the plea. If the defendant has a sufficiently non-frivolous reason for wishing to...
To continue reading
Request your trial
-
People v. Grant
...have had a reasonable likelihood of acquittal", ineffective assistance will be found to have been established. People v. Knight, 94 Mich.App. 526, 528, 288 N.W.2d 649 (1980). Our courts have consistently held that the decision to present specific witnesses is a matter of trial strategy and ......
-
People v. Gallagher
...of acquittal", ineffective assistance will also be found to have been established. People v. Garcia, supra; People v. Knight, 94 Mich.App. 526, 528, 288 N.W.2d 649 (1980). In the instant case, the claim appears to be that defense counsel's professional judgment was deflected due to preexist......
-
People v. Johnson, Docket No. 58304
...sufficient basis. It simply means that basis must be established via another medium." (Footnote omitted.) See also People v. Knight, 94 Mich.App. 526, 288 N.W.2d 649 (1980); People v. Michelle, 69 Mich.App. 389, 245 N.W.2d 59 Usually, a court allows a defendant to plead no contest rather th......
-
People v. Sylvester, Docket No. 48090
...to Const.1963, Art. 6, Sec. 23, as amended 1968.1 During oral arguments, the defendant's appellate counsel cited People v. Knight, 94 Mich.App. 526, 288 N.W.2d 649 (1980), as additional support for his position that the appropriate standard for review of motions to withdraw was not applied.......