Opinion

People v. Steele

  • 4 Mich. App. 352
  • 144 N.W.2d 834
Court
Michigan Court of Appeals
Filed
Nov 1, 1966
Status
Published
Author
Kavanagh
On the bench
Kavanagh, Lesinski, Rashid
Cited by
12 cases
Authority
More cited than 9.8%

The opinion

T. (x. Kavanagh, J.

(dissenting). I do not agree that the statement of the trial court: “You heard your lawyer say that you wish to plead guilty to the included offense of attempted robbery armed”, complies with the court’s obligation under GCR 1963, 785.3(2) to inform the accused of the nature of the accusation.

Under the circumstances of this case the requirements for a proper determination of guilt (which is in effect the judgment of the accused when he offers the plea) are too sophisticated to warrant the conclusion that the plea was “true” (see CL 1948, § 768.35 [Stat Ann 1954 Rev § 28.1058]) or that it was “freely, understandingly and voluntarily made”. See People v. Hunn (1965), 1 Mich App 580 ; and People v. Barrows (1959), 358 Mich 267 .

I would reverse and order the matter set for trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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