From Casetext: Smarter Legal Research

People v. Grochowski

Michigan Court of Appeals
Dec 7, 1970
28 Mich. App. 558 (Mich. Ct. App. 1970)

Summary

In People v Grochowski, 28 Mich. App. 558; 184 N.W.2d 574 (1970), defendant had pled guilty in Oakland County in return for a promised nolle prosequi in Recorder's Court.

Summary of this case from People v. Brooks

Opinion

Docket No. 8945.

Decided December 7, 1970.

Appeal from Recorder's Court of Detroit, George W. Crockett, Jr., J. Submitted Division 1 November 3, 1970, at Grand Rapids. (Docket No. 8945.) Decided December 7, 1970.

David Grochowski was convicted, on his plea of guilty, of assault with intent to rob being unarmed. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

John F. Gilhool, for defendant on appeal.

Before: HOLBROOK, P.J., and R.B. BURNS and FITZGERALD, JJ.


The people move to affirm (GCR 1963, 817.5[3] as amended in 1965) defendant's conviction, on his plea of guilty, of assault with intent to rob, being unarmed, contrary to MCLA § 750.88 (Stat Ann 1962 Rev § 28.283).

On appeal, defendant contends that the trial court erred in accepting the plea originally without determining whether it was voluntary and by refusing to vacate the plea after sentencing when it was brought to the court's attention that defendant had pleaded guilty to a charge in Oakland County Circuit Court because of a promise that the present proceeding would be nolle prossed.

It is manifest that the questions presented, on which decision of the cause depends, are so unsubstantial as to need no argument or formal submission.

Before accepting defendant's plea, the trial court did inquire as to its voluntariness. Defendant acknowledged to the court at that time that his plea had not been induced by threats or promises. If there was an unfulfilled plea bargain, it clearly occurred in and related to the Oakland County proceedings and has been remedied by an order for new trial entered in that court.

Motion to affirm is granted.


Summaries of

People v. Grochowski

Michigan Court of Appeals
Dec 7, 1970
28 Mich. App. 558 (Mich. Ct. App. 1970)

In People v Grochowski, 28 Mich. App. 558; 184 N.W.2d 574 (1970), defendant had pled guilty in Oakland County in return for a promised nolle prosequi in Recorder's Court.

Summary of this case from People v. Brooks
Case details for

People v. Grochowski

Case Details

Full title:PEOPLE v. GROCHOWSKI

Court:Michigan Court of Appeals

Date published: Dec 7, 1970

Citations

28 Mich. App. 558 (Mich. Ct. App. 1970)
184 N.W.2d 574

Citing Cases

People v. Brooks

The circuit judge was unable to grant specific performance, as he recognized, but that is not the relief…

People v. Lawson

The Kalamazoo County Circuit Court entered an order denying the motion on September 2, 1975. When…