People v. a J Lee

Full title: PEOPLE v. A J LEE

Court: Michigan Court of Appeals

Date published: May 1, 1972

40 Mich. App. 451 (Mich. Ct. App. 1972)

198 N.W.2d 871

Opinion

Docket No. 12188.

Decided May 1, 1972.

Appeal from Genesee, Donald R. Freeman, J. Submitted Division 2 March 1, 1972, at Lansing. (Docket No. 12188.) Decided May 1, 1972.

A.J. Lee was convicted, on his plea of guilty, of possession of heroin. Defendant appeals. Reversed and remanded.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief Assistant Prosecuting Attorney, and Joel B. Saxe, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, and Richard S. McMillin, Assistant Defender, for defendant on appeal.

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

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

PER CURIAM.

Defendant appeals from his plea-based conviction of possession of heroin, MCLA 335.153; MSA 18.1123. When a plea of guilty is accepted after the decisional date of Boykin v. Alabama, 395 U.S. 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969) (decisional date June 2, 1969), said plea must be set aside where the record of the plea proceedings shows that defendant was not advised of his right against compulsory self-incrimination, and, consequently, made no affirmative waiver of this right. People v. Jaworski, 387 Mich. 21 (1972). This defendant's guilty plea was accepted on April 5, 1971, and, thus, is governed by the Jaworski interpretation of the Boykin decision. Therefore, we vacate the defendant's conviction and remand to the circuit court for further proceedings consonant with this opinion.