Opinion
Docket No. 2,772.
Decided April 3, 1968.
Appeal from Recorder's Court of Detroit; Scallen (John P.), J. Submitted Division 1 May 3, 1967, at Detroit. (Docket No. 2,772.) Decided April 3, 1968.
Raymond Wyngaard was convicted, upon a plea of guilty, of assault with intent to rob while armed. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Samuel H. Olsen, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Luvenia D. Dockett, Assistant Prosecuting Attorney, for the people.
Manning Hathaway, for defendant on appeal.
OPINION OF THE COURT.
On January 25, 1965, defendant Raymond Wyngaard, while represented by counsel, pled guilty in Detroit recorder's court to assault with intent to rob while armed.
CL 1948, § 750.89 (Stat Ann 1962 Rev § 28.284).
The record indicates that the defendant was 28 years old on the date he entered the plea above referred to and that up to this point in his life he had been convicted on prior occasions of having committed at least 6 felonies. On February 8, 1965, the defendant was sentenced to serve not less than 25 nor more than 40 years in the State prison of Southern Michigan.
On appeal defendant asserts a single ground for reversal, to-wit: the trial court failed to comply with GCR 1963, 785.3(2) in relation to "consequence of plea" by failing to advise defendant of the possible minimum and maximum sentence.
The defendant has correctly stated that the trial court failed to advise him of the possible penalty he faced in the event the court accepted the plea, but for the reasons set forth in our decision in People v. Charles A. White (1967), 8 Mich. App. 220, this is no basis for the relief sought.
Affirmed.
WEIPERT, J., concurred with J.H. GILLIS, P.J.
I agree that the conviction of defendant here should be affirmed, not for the reasons set forth in People v. Charles A. White (1967), 8 Mich. App. 220, which I regard as an exercise in impeccable logic but questionable law, but rather for the reason that in this case there is no showing that the plea was not freely, understandingly, and voluntarily made. See People v. Taylor (1967), 9 Mich. App. 333.