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People v. Lendzian

Michigan Court of Appeals
Dec 9, 1977
80 Mich. App. 323 (Mich. Ct. App. 1977)

Summary

In People v Lendzian, 80 Mich. App. 323, 325; 263 N.W.2d 360 (1977), we found the omission harmless where defendant had been informed that armed robbery was "punishable by imprisonment in a state prison for life or for any term of years" and affirmatively stated his understanding of possible punishment.

Summary of this case from People v. Meriweather

Opinion

Docket No. 31203.

Decided December 9, 1977.

Appeal from Sanilac, Allen E. Keyes, J. Submitted October 24, 1977, at Detroit. (Docket No. 31203.) Decided December 9, 1977.

Dennis Lendzian was convicted, on his plea of guilty, of armed robbery. Defendant appeals by leave granted. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and J. Anthony Sykora, Prosecuting Attorney, for the people.

Cubitt Cubitt (by John T. Ferris), for defendant on appeal.

Before: BRONSON, P.J., and M.J. KELLY and BEASLEY, JJ.


Defendant appeals his plea-based conviction for armed robbery, MCLA 750.529; MSA 28.797, raising three alleged defects in the plea-taking procedure. We affirm.

Defendant first alleges error in the failure of the trial court to advise him that he may be charged as a habitual offender, GCR 1963, 785.7(1)(c). As there has been no showing that defendant has been so charged, this was not reversible error. People v Love, 76 Mich. App. 379; 256 N.W.2d 602 (1977), People v Michael Jones, 73 Mich. App. 91; 250 N.W.2d 554 (1976).

Defendant's second allegation of error is that the trial judge failed to inform him that he could not be placed on probation if the plea was to armed robbery, as required by GCR 1963, 785.7(1)(f).

A failure to comply with GCR 1963, 785.7 does not automatically mandate reversal:

"Noncompliance with a requirement of Rule 785.7 may but does not necessarily require reversal.

"Whether a particular departure from Rule 785.7 justifies or requires reversal or remand for additional proceedings will depend on the nature of the noncompliance." Guilty Plea Cases, 395 Mich. 96, 113; 235 N.W.2d 132 (1975).

In People v Freeman, 73 Mich. App. 568, 570; 252 N.W.2d 518 (1977), this Court held that a failure to comply with GCR 1963, 785.7(1)(f) was harmless error where "as a result of the sentence agreement, defendant knew before he pleaded that he was going to prison if he pleaded guilty".

In the case at bar, although there was no sentencing agreement, the court read to defendant the statute under which he was charged. That statute provides that armed robbery is "punishable by imprisonment in the state prison for life or for any term of years". The trial court continued:

"THE COURT: And you heard me read the statute under which you are charged. Do you have any questions about the statute at this time?

"THE DEFENDANT: No.

"THE COURT: Do you understand the possible punishment as set forth in that statute?

"THE DEFENDANT: Right."

In light of defendant's response that he understood the possible punishment for armed robbery, we hold that the failure of the trial court to strictly comply with GCR 1963, 785.7(1)(f) was not reversible error.

In addition, under the prior rule, which did not require a defendant to be informed that he could not be put on probation for armed robbery, but which did require the court to inform him of any mandatory minimum sentence, it was not reversible error not to inform a defendant who pleaded guilty to armed robbery that he could not be placed on probation. Guilty Plea Cases, supra, at 118.

Finally, defendant alleges error in the trial court's failure to strictly comply with GCR 1963, 785.7(1)(g), which requires the court to inform defendant of several rights defendant is giving up by pleading guilty. Defendant contends that the court failed to inform defendant that a guilty plea would waive his right to a trial and that the right to a trial included the right to question witnesses against him. On review of the transcript, we find that defendant was informed that a guilty plea would waive his right to a trial, to have witnesses against him appear and to compulsory process for obtaining witnesses in his favor. In this case, failure to strictly comply with GCR 1963, 785.7(1)(g) does not mandate reversal. Guilty Plea Cases, 395 Mich. 96, 122-123; 235 N.W.2d 132 (1975), People v Love, supra.

Affirmed.


Summaries of

People v. Lendzian

Michigan Court of Appeals
Dec 9, 1977
80 Mich. App. 323 (Mich. Ct. App. 1977)

In People v Lendzian, 80 Mich. App. 323, 325; 263 N.W.2d 360 (1977), we found the omission harmless where defendant had been informed that armed robbery was "punishable by imprisonment in a state prison for life or for any term of years" and affirmatively stated his understanding of possible punishment.

Summary of this case from People v. Meriweather

In People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977), the court, in a case not involving a sentence agreement, found no reversible error arising from the trial court's failure to comply with GCR 1963, 785.7(1)(f).

Summary of this case from People v. Sylvester

In People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977), the defendant pleaded guilty to armed robbery and was not informed that he could not be placed on probation. He was told the maximum sentence but not the minimum.

Summary of this case from People v. Thalacker

In People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977), this Court declined to reverse a plea-based conviction for armed robbery, even where the defendant was not told that he could not be placed on probation.

Summary of this case from People v. Earl Jones
Case details for

People v. Lendzian

Case Details

Full title:PEOPLE v LENDZIAN

Court:Michigan Court of Appeals

Date published: Dec 9, 1977

Citations

80 Mich. App. 323 (Mich. Ct. App. 1977)
263 N.W.2d 360

Citing Cases

People v. Seays

Defendant also asserts that if armed robbery had a mandatory minimum sentence, the trial court's advice that…

People v. Earl Jones

Guilty Plea Cases, supra, 113. In People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977), this Court…