People v. Lewandowski
| Decision Date | 19 August 1975 |
| Docket Number | No. 56991,56991 |
| Citation | 232 N.W.2d 173,394 Mich. 529 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael A. LEWANDOWSKI, Defendant-Appellant. 394 Mich. 529, 232 N.W.2d 173 |
| Court | Michigan Supreme Court |
Peter E. Deegan, Port Huron, for plaintiff.
James R. Andary, Detroit, for defendant.
Defendant here challenges the refusal of the trial court to grant his request, made before sentence was imposed, to withdraw his nolo contendere pleas to second degree murder and assault with intent to murder. The Court of Appeals affirmed that refusal and the facts are more fully stated in the two opinions (one on rehearing) reported in 58 Mich.App. 18, 226 N.W.2d 843 and 60 Mich.App. 455, 231 N.W.2d 392.
Pursuant to GCR1963, 853.2(4), in lieu of leave to appeal, the Court hereby reverses the decisions of the Court of Appeals and the trial court denying defendant's motion to withdraw his pleas and remands the case to the trial court for further proceedings on the original charges consonant with People v. Bencheck, 360 Mich. 430, 104 N.W.2d 191 (1960) and People v. Zaleski, 375 Mich. 71, 133 N.W.2d 175 (1965).
SWAINSON, J., not participating.
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People v. Holmes, Docket No. 111068
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