People v. Stanton, Docket No. 9532

• Decision Date: 08 December 1970
• Docket Number: Docket No. 9532,No. 3,3
• Citation: 184 N.W.2d 576,28 Mich.App. 597
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Richard STANTON, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 576

184 N.W.2d 576

28 Mich.App. 597

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Richard STANTON, Defendant-Appellant.

Docket No. 9532.

Court of Appeals of Michigan, Division No. 3.

Dec. 8, 1970.

Released for Publication March 15, 1971.

Milton L. Zentmyer, Eaton Rapids, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Donald E. Zimmer, Pros. Atty., for plaintiff-appellee.

Before FITZGERALD, P.J., and McGREGOR and O'HARA ^*, JJ.

PER CURIAM.

This is an appeal from a denial of a motion for a new trial.

Defendant was arrested on October 17, 1968, in Eaton County. A criminal warrant was issued on October 23, 1968, charging the defendant with breaking and entering with the intent to commit larceny, M.C.L.A. § 750.110 (Stat.Ann.1970 Cum.Supp. § 28.305). Defendant was arraigned on October 31, 1968, and entered a plea of guilty to the charge; he was not represented by counsel at that arraignment. On November 21, 1968, defendant was sentenced to serve 1 1/2 to 10 years, with the recommendation that he be sent to the Michigan Training Unit. On February 24, 1970, defendant filed a motion to set aside the conviction, vacate sentence, and for a new trial. The motion was denied on March 12, 1970, and defendant filed a claim of appeal on March 23, 1970.

Defendant contends that his waiver of assistance of counsel at the arraignment was not knowingly and intelligently done, due in large part to his youth (19 years of age).

This contention has been before this Court before and we find now, as we have before, that it is without merit. People v. Schwartz (1967), 6 Mich.App. 581, 149 N.W.2d 897; People v. Schaffer (1966), 4 Mich.App. 192, 144 N.W.2d 680; People v. Wilson (1966), 5 Mich.App. 428, 146 N.W.2d 826.

The lower court is affirmed.

* MICHAEL D. O'HARA, former Associate Justice of the Michigan Supreme Court, appointed by the Supreme Court for the hearing month of October, 1970, pursuant to § 306 P.A.1964, No. 281.