People v. Richardson

• Decision Date: 30 November 1971
• Docket Number: Docket No. 10172,No. 2,2
• Citation: 194 N.W.2d 544,37 Mich.App. 295
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Samuel RICHARDSON, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 544

194 N.W.2d 544

37 Mich.App. 295

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Samuel RICHARDSON, Defendant-Appellant.

Docket No. 10172.

Court of Appeals of Michigan, Division No. 2.

Nov. 30, 1971.

Released for Publication Feb. 29, 1972.

Leave to Appeal Denied March 14, 1972.

Howard R. Grossman, White, Newblatt & Grossman, Flint, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Robert F. Leonard, Pros. Atty., Donald A. Kuebler, Chief Asst. Pros. Atty., for plaintiff-appellee.

Before DANHOF, P.J., and BRONSON and TARGONSKI, ^* JJ.

PER CURIAM.

Defendant was convicted of and sentenced for assault with intent to rob while being armed (M.C.L.A. § 750.89 (Stat.Ann.1962 Rev. § 28.284)) upon his plea of guilty in the Genesee County Circuit Court. His motion to withdraw his plea was denied. This is an appeal of right.

Motions to withdraw guilty pleas rest in the trial judge's sound discretion. People v. Vasquez (1942), 303 Mich. 340, 6 N.W.2d 538; People v. Palma (1970), 25 Mich.App. 682, 181 N.W.2d 808. This Court will not reverse unless it finds a miscarriage of justice in the record. People v. Collins (1968), 380 Mich. 131, 156 N.W.2d 566; People v. Wade (1970), 24 Mich.App. 518, 180 N.W.2d 349.

We have examined the record carefully. The trial judge made a careful inquiry into the defendant's alleged intoxication defense. We find no abuse of discretion.

Affirmed.

* VICTOR TARGONSKI, former Circuit Court Judge, sitting on the Court of Appeals by assignment pursuant to Const.1963, art. 6, § 23 as amended in 1968.