People v. Smith
| Decision Date | 26 November 1969 |
| Docket Number | Docket No. 6746,No. 2,2 |
| Citation | 174 N.W.2d 8,20 Mich.App. 307 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kenny SMITH, a/k/a Kenny Terrell, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Lawrence C. Saxe, Flint, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Robert F. Leonard, Pros. Atty., Genesee County, Donald A. Kuebler, Chief Asst. Pros. Atty., Genesee County, Flint, for appellee.
Before LEVIN, P.J., and T. M. BURNS and DANHOF, JJ.
On May 10, 1967, defendant pleaded guilty to a charge of armed robbery,* and on June 20, 1967, he was sentenced. On both occasions he was represented by the same court appointed lawyer who represents him on this appeal.
Defendant has asked this Court to allow him to withdraw his plea of guilty and to return this case to circuit court for a trial. He asserts that his plea was not voluntary because he was under the influence of drugs prescribed as medication by the jail physician on April 7, 1967 and April 13, 1967.
There is no support in the record for defendant's claim that his plea was involuntary. Further the alleged condition was never called to the attention of the trial judge by defendant or his counsel. Claims of this kind must be presented initially to the trial court by a motion to withdraw a guilty plea. They cannot be asserted for the first time on direct appeal of the judgment of conviction. After sentence has been imposed, withdrawal of a guilty plea rests within the sound discretion of the trial court, People v. Walls (1966), 3 Mich.App. 279, 142 N.W.2d 38.
Affirmed.
* C.L.S.1961, § 750.529 (Stat.Ann.1969 Cum.Supp. § 28.797).
To continue reading
Request your trial
-
People v. Taylor
...not supported by the record is the trial court.' People v. Dorner, 24 Mich.App. 306, 308, 180 N.W.2d 201 (1970); People v. Smith, 20 Mich.App. 307, 308, 174 N.W. 8 (1969). There are other modern cases involving the review of the voluntariness of a guilty plea with facts outside the record i......
-
People v. Sumlin
...v. Taylor (1970), 383 Mich. 338, 359, 360, 175 N.W.2d 715; People v. Dorner (1970), 24 Mich.App. 306, 180 N.W.2d 201; People v. Smith (1969), 20 Mich.App. 307, 174 N.W.2d 8. Defendant claims he entered his guilty plea to the lesser offense because of the potential life imprisonment sentence......
-
People v. Turrill
...People v. Minson (1970), 24 Mich.App. 692, 180 N.W.2d 805; People v. Dorner (1970), 24 Mich.App. 306, 180 N.W.2d 201; People v. Smith (1969), 20 Mich.App. 307, 174 N.W.2d 8. Motion to affirm is ...
-
People v. James
...concern for the fate of a family member 'can result in coercion' rather than that it 'does result in coercion'.4 See People v. Smith, 20 Mich.App. 307, 174 N.W.2d 8 (1969); People v. Dorner, 24 Mich.App. 306, 180 N.W.2d 201 (1970); People v. Horvath, 25 Mich.App. 649, 181 N.W.2d 646 (1970);......