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People v. DeVriese

Michigan Court of Appeals
Aug 15, 1977
77 Mich. App. 737 (Mich. Ct. App. 1977)

Summary

In People v. DeVriese, 258 N.W. 2d 93, 94-95 (Mich.Ct.App. 1977), the court remanded a conviction for safecracking where defendant broke into a converted walk-in refrigerator.

Summary of this case from State v. Goodson

Opinion

Docket No. 30769.

Decided August 15, 1977. Leave to appeal applied for.

Appeal from Wayne, Charles Kaufman, J. Submitted April 22, 1977, at Detroit. (Docket No. 30769.) Decided August 15, 1977. Leave to appeal applied for.

Garry DeVriese was convicted, on his plea of guilty, of safecracking. Defendant appeals. Remanded for further proceedings.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people. Faintuck, Shwedel, Roether, Wolfram, McDonald Zipser, for defendant.

Before: V.J. BRENNAN, P.J., D.F. WALSH and J.N. O'BRIEN, JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


On May 24, 1976, defendant pled guilty to the charge of safecracking, MCLA 750.531; MSA 28.799, which plea was accepted by the trial court on June 15, 1976. Defendant now appeals arguing that the structure which he and a companion forcibly opened, i.e., a converted walk-in refrigerator, is not a "safe, vault or other depository" within the meaning of the statute.

In enacting MCLA 750.531; MSA 28.799, the Legislature sought to protect structures intentionally constructed to protect valuables. People v. Ferguson, 60 Mich. App. 302; 230 N.W.2d 406 (1975). In our opinion this includes those constructed by a manufacturer for sale or an individual for his own use so long as the structure is one which is substantially impenetrable. People v. Collins, 273 Cal.App.2d 1; 77 Cal.Rptr. 741 (1969). The issue of whether a depository is substantially impenetrable so as to fall within the terms of the statute is a question of fact. People v. Collins, supra.

We note that the plea was originally offered on the understanding that the trial court would determine as a matter of law whether the structure broken into was a "safe, vault or other depository" as those terms are used in MCLA 750.531; MSA 28.799. The trial court interpreted the statute to extend to any depository of money. In light of our holding that "safe, vault or other depository" includes only those structures which are substantially impenetrable, the present case is remanded for further proceedings.

If the defendant remains willing to have the trial court determine the issue of substantial impenetrability, the prosecutor shall be given an opportunity to establish a factual basis supporting that element of the offense. If he is able to do so, the conviction is affirmed. If not, the judgment of conviction shall be set aside. See, Guilty Plea Cases, 395 Mich. 96; 235 N.W.2d 132 (1975). In the alternative the defendant may elect to withdraw his plea of guilty and go to trial before a jury on the original charge.

Remanded for proceedings consistent with this opinion.


Summaries of

People v. DeVriese

Michigan Court of Appeals
Aug 15, 1977
77 Mich. App. 737 (Mich. Ct. App. 1977)

In People v. DeVriese, 258 N.W. 2d 93, 94-95 (Mich.Ct.App. 1977), the court remanded a conviction for safecracking where defendant broke into a converted walk-in refrigerator.

Summary of this case from State v. Goodson
Case details for

People v. DeVriese

Case Details

Full title:PEOPLE v. DeVRIESE

Court:Michigan Court of Appeals

Date published: Aug 15, 1977

Citations

77 Mich. App. 737 (Mich. Ct. App. 1977)
258 N.W.2d 93

Citing Cases

State v. Goodson

Other jurisdictions that have reviewed this issue are in agreement. In People v. DeVriese, 258 N.W. 2d 93,…