People v. McPherson

Full title: PEOPLE v. McPHERSON

Court: Michigan Court of Appeals

Date published: Jun 23, 1970

24 Mich. App. 515 (Mich. Ct. App. 1970)

180 N.W.2d 340

Opinion

Docket No. 6,915.

Decided June 23, 1970. Leave to appeal denied February 18, 1971. 384 Mich. 808.

Appeal from Wayne, Frank Fitzgerald and James Montante, JJ. Submitted Division 1 May 4, 1970, at Grand Rapids. (Docket No. 6,915.) Decided June 23, 1970. Leave to appeal denied February 18, 1971. 384 Mich. 808.

Willie James McPherson was convicted, on his plea of guilty, of having carnal knowledge of a female under 16. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

Arnold P. Garber, for defendant on appeal.

Before: FITZGERALD, P.J., and J.H. GILLIS and O'HARA,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals pursuant to Const 1963, art 6, § 23, as amended in 1968.

O'HARA, J.

On December 10, 1958, defendant entered a plea of guilty to the charge of carnal knowledge of a female under the age of 16. MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). At that time defendant was represented by counsel. Defendant indicated to the court that his plea was being made freely and voluntarily and because he was, in fact, guilty.

Some ten years later defendant filed a motion to withdraw his plea of guilty. From a denial of the motion, defendant appeals.

The motion was properly denied. On the date of the acceptance of the guilty plea, Court Rule No 35A (1945),^__ as then worded, governed. The rule in pertinent part required that after a plea of guilty and before sentence was imposed, the trial court was required to:

__ See 318 Mich xxxix.

"* * * inform the accused of the nature of the accusation, * * * the consequence of his plea * * * (and) ascertain that the plea was freely, understandingly, and voluntarily made, without undue influence, compulsion, or duress, and without promise of leniency."

A careful review of the transcript of the proceedings attendant the acceptance of the plea indicates that the trial judge did so.

We do not discuss whether the acceptance of the plea would have conformed with the court rule as interpreted by the Supreme Court in People v. Barrows, 358 Mich. 267, decided November 25, 1959. We hold Barrows, supra, is not retroactive. The other issues raised by appellant are without merit.

Affirmed.

All concurred.