People v. Winegar
| Decision Date | 30 August 1968 |
| Docket Number | Docket No. 2486,No. 2,2 |
| Citation | 13 Mich.App. 162,163 N.W.2d 821 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William WINEGAR, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Raymond V. Arnold, Jackson, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Bruce A. Barton, Pros. Atty., Jackson County, Jackson, for plaintiff-appellee.
Before QUINN, P.J., and KAVANAGH and LEVIN, JJ.
On January 25, 1962 defendant was convicted upon a plea of guilty, of 2 counts of kidnapping (C.L.1948, § 750.349 (Stat.Ann.1954 Rev. § 28.581)) and was sentenced to a prison term of 20 to 30 years on each count. He filed a motion for a new trial urging that his plea of guilty be set aside and the sentence vacated. From a denial of his motion defendant appeals.
Defendant asserts that the court below erred in denying his motion because at the time his plea was accepted he had not been informed of the nature of the accusation against him (as required by the then applicable section 2 of court rule 35A (1945)) and that his plea was not freely, understandingly and voluntarily made.
As the provisions of this court rule were interpreted in People v. Winegar (1968), 380 Mich. 719, 158 N.W.2d 395, and People v. Stearns (1968), 380 Mich. 704, 158 N.W.2d 409, we find compliance therewith from our examination of the record.
We find no error in denying defendant's motion to set aside his conviction and with his plea.
Affirmed.
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Winegar v. Corrections Department
...Jackson County Circuit Court, petitioner appealed to the Michigan Court of Appeals which affirmed his conviction. People v. Winegar, 13 Mich.App. 162, 163 N.W.2d 821 (1968). Leave to appeal to the Michigan Supreme Court was denied by that court. 381 Mich. 799 (1969). A petition for a writ o......
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Winegar v. Department of Corrections
...entered his plea of guilty. An appeal was taken and the conviction upon the plea was affirmed by this Court. People v. Winegar, 13 Mich.App. 162, 163 N.W.2d 821 (1968). Leave to appeal was denied, 381 Mich. 799 Defendant alleges that his plea did not conform to the requirements of Boykin v.......