People v. Spencer
| Decision Date | 30 March 1970 |
| Docket Number | Docket No. 6739,No. 1,1 |
| Citation | 23 Mich.App. 56,178 N.W.2d 130 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Raymond SPENCER, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Carl Levin, Arthur J. Tarnow, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Chalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Arthur N. Bishop, Asst. Pros. Atty., for plainiff-appellee.
Before LESINSKI, C.J., and QUINN and V. J. BRENNAN, JJ.
On September 11, 1968, defendant Raymond Spencer pled guilty to assault with intent to rob and steal being armed. 1 Before accepting the plea, the trial court thoroughly questioned the defendant and his appointed counsel. The counsel stated, Inter alia, the following:
In addition, defendant recited his version of the crime:
'Well, your Honor, on the 7th day of February, I was hanging around, out of the restaurant with a friend of mine and while we were hanging around, I, I consumed some barbituates, I consumed some barbituates on the 7th of February and a friend and I had, with me, he and him were talking and we were talking about getting some money, so, we went outside and we saw this cab come by, we got in the cab and told the cab driver to go around Hollywood and the Expressway and at that time, we got there, I asked the--I pulled a gun and told the man to give me his money.'
After some additional questioning of the defendant, the trial court accepted the guilty plea.
On October 9, 1968, at the sentencing hearing, defendant's counsel stated, apparently in mitigation of the sentence, that 'defendant has admitted he was under the influence of narcotics and that he had not engaged in this type of activity before.' Defendant was sentenced to 10 to 15 years in prison.
Defendant's argument, raised in a motion for new trial and on appeal, is that the guilty plea must be vacated because his earlier testimony indicated that his condition at the...
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People v. Stoner
...of sentencing that 'he had been drinking when the crime was committed' was not 'an equivocation of guilt.'And in People v. Spencer (1970), 23 Mich.App. 56, 178 N.W.2d 130, the defendant stated during the colloquy that he had consumed 'some barbituates.' Our Court held that the trial judge d......
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People v. Burton
...Burton's plea was accepted January 18, 1973. He was sentenced March 1, 1973.5 395 Mich. ---. (part 2, p. xvi).6 See People v. Spencer, 23 Mich.App. 56, 178 N.W.2d 130 (1970); People v. Garcia, 36 Mich.App. 141, 193 N.W.2d 187 (1971); People v. Ketola, 38 Mich.App. 222, 195 N.W.2d 920 (1972)......
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People v. Hollis
...defense. This case is squarely within the Blocker, supra, rule. Appellate consideration is foreclosed. Compare, People v. Spencer, 23 Mich.App. 56, 178 N.W.2d 130 (1970), 1v. den., 383 Mich. 787, 177 N.W.2d 621 (1970). Defendant next claims that the evidence was insufficient to support his ......
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People v. Garcia, Docket No. 10151
...that defenses might have been raised at trial. People v. Edwards (1970), 27 Mich.App. 83, 183 N.W.2d 392; People v. Spencer (1970), 23 Mich.App. 56, 178 N.W.2d 130. In light of the lack of any positive claim of these defenses, to reverse would exalt from over Affirmed. ...