People v. Rodgers
Decision Date | 17 February 1971 |
Docket Number | Docket No. 8065,No. 3,3 |
Citation | 186 N.W.2d 840,30 Mich.App. 582 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Vaughn Ray RODGERS, Defendant-Appellant |
Court | Court of Appeal of Michigan — District of US |
Harry J. Creager, St. Joseph, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Ronald J. Taylor, Pros. Atty., for plaintiff-appellee.
Before HOLBROOK, P.J., and McGREGOR and T. M. BURNS, JJ.
The defendant pled guilty to a charge of second-degree murder. He was sentenced to serve a term of 99 to 100 years in the state prison. On appeal, defendant contends: (1) that he was not properly informed of the consequences of his guilty plea as required by GCR 1963, 785.3(2); (2) that a statute which allows a sentence of 'life or any term of years' does not authorize a sentence which is, in effect, greater than life; and (3) that his sentence of 99 to 100 years constitutes a cruel and unusual punishment.
Specifically, defendant contends that because he was not informed that his plea of guilty could lead to a sentence of 99 to 100 years, he was not properly informed of the consequences of his plea.
In People v. Dunn (1968), 380 Mich. 693, 158 N.W.2d 404, the Michigan Supreme Court ruled that the word 'consequences' as used in GCR 1963, 785.3(2) means that the defendant should be informed that he waives his right to trial by jury or trial without a jury by the court and that the defendant subjects himself to whatever penalty is prescribed by law. A review of the guilty plea transcript indicates that the defendant was represented by counsel at that proceeding and that the trial judge fully informed him of his rights in compliance with the Dunn decision. The record discloses that the trial judge did a very careful job of taking the defendant's guilty plea and no reversible error was committed in that proceeding.
The defendant contends that the legislative provisions which provide for a sentence of 'life or any term of years' by implication indicates that the maximum sentence to be imposed is one of life and, therefore, any sentence greater than life is an improper sentence. The defendant cites no cases to support this contention, although he attempts to distinguish the case of People v. Williams (1969), 19 Mich.App. 544, 172 N.W.2d 897 where this court stated at p. 546, 172 N.W.2d at p. 898:
The implication of the holding in Williams is that 'any term of years' means exactly that. The trial judge may sentence a defendant to any term of years and the fact that the term of years may result in a sentence, which in terms of parole, is greater than life is irrelevant. We find that the sentence pronounced by the trial court is within the limits prescribed by M.C.L.A. § 750.317 (Stat.Ann.1954 Rev. § 28.549).
The defendant contends that the 99 to 100 year sentence pronounced by the trial judge constitutes a cruel and unusual punishment in that the defendant is sentenced to a term which in reality is greater than his life expectancy. In making this argument the...
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People v. Moore
...powers, even though it effectively precluded parole. We also disagree with the similar holding in People v. Rodgers, 30 Mich.App. 582, 584-585, 186 N.W.2d 840 (1971), which held that the effect on parole expectation of a sentence of ninety-nine to one hundred years was irrelevant. 1 Having ......
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People v. Williams, Docket No. 10561
...limits and will not be overturned on appeal. People v. Richardson, 25 Mich.App. 117, 181 N.W.2d 74 (1970); People v. Rodgers, 30 Mich.App. 582, 186 N.W.2d 840 (1971). We finally note that a number of these issues were not properly briefed on appeal. Normally issues not properly briefed on a......
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...of Appeals pursuant to Administrative Order 1984-2 that its decision in this case conflicts with its decisions in People v. Rodgers, 30 Mich.App. 582, 186 N.W.2d 840 (1971); People v. Crawford, 144 Mich.App. 86, 372 N.W.2d 688 (1985); People v. Martinez, 147 Mich.App. 94, 382 N.W.2d 741 (19......