People v. Wilkins
| Decision Date | 02 July 1970 |
| Docket Number | No. 2,Docket No. 8307,2 |
| Citation | 25 Mich.App. 235,181 N.W.2d 281 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. George Alfred WILKINS, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Jon H. Kingsepp, Royal Oak, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., Thomas G. Plunkett, Jr., Pros. Atty., for plaintiff-appellee.
Before LESINSKI, C.J., and QUINN and ROOD, * JJ.
In May 1969, defendant George Wilkins was convicted upon his plea of guilty of the crime of possession of a stolen motor vehicle contrary to M.C.L.A. § 257.254 (Stat.Ann.1968 Rev. § 9.1954). He was sentenced by the court to a term of from 7 to 10 years in prison. Defendant was represented by appointed counsel at both his preliminary examination and in the trial court.
Defendant now raises three issues which he feels require reversal.
Defendant asserts that there was no proper waiver of his right to a preliminary examination. Any defect in the preliminary examination was waived by the properly accepted guilty plea. People v. Warner (1969), 17 Mich.App. 1, 168 N.W.2d 656.
Defendant asserts that M.C.L.A. § 257.254 is violative of Const.1963, art. 4, § 24. We can find no reasonable reading of the statute that would support that assertion.
Defendant asserts that his guilty plea was not properly accepted, in that the trial court did not comply with all the requirements of Boykin v. Alabama (1969), 395 U.S. 238 (89 S.Ct. 1709, 23 L.Ed.2d 274). The requirements of Boykin, supra, are not to be applied retrospectively. People v. Taylor (1970), 23 Mich.App. 595, 179 N.W.2d 260; People v. Butler (1970), 23 Mich.App. 643, 179 N.W.2d 215. The guilty ples of the defendant was freely, understandingly and voluntarily made. People v. Winegar (1968), 380 Mich. 719, 158 N.W.2d 395.
There was no error shown on the part of the trial court.
Affirmed.
* JAMES R. ROOD, Circuit Judge for the County of Midland, appointed by the Supreme Court for the hearing month of June, 1970, pursuant to § 306 P.A.1964, No. 281.
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