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People v. Candler

Michigan Court of Appeals
Apr 2, 1971
32 Mich. App. 339 (Mich. Ct. App. 1971)

Opinion

Docket No. 9979.

Decided April 2, 1971.

Appeal from Recorder's Court of Detroit, John R. Murphy, J. Submitted Division 1 March 3, 1971, at Detroit. (Docket No. 9979.) Decided April 2, 1971.

John Frank Candler was convicted, on his plea of guilty, of attempted larceny in a building. 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 Angelo A. Pentolino, Assistant Prosecuting Attorney, for the people.

Ross B. Meretsky, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and QUINN 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.


By his plea of guilty, defendant was convicted of attempted larceny in a building, MCLA § 750.360 (Stat Ann 1954 Rev § 28.592) and MCLA § 750.92 (Stat Ann 1962 Rev § 28.287), and was sentenced to a term of one to two years. On appeal, he contends that, in accepting his guilty plea, the trial court erred in failing to: (1) ascertain defendant's participation in the offense; (2) ascertain the truth of the plea; (3) inform defendant of the nature of the acccusation against him; and (4) inform defendant of the consequences of his plea.

After a careful review of the record in light of the requirements of GCR 1963, 785.3 and of the decisions in People v. Barrows (1959), 358 Mich. 267; People v. Dunn (1968), 380 Mich. 693; People v. Atkins (1966), 2 Mich. App. 199; People v. Leach (1966), 2 Mich. App. 713; and People v. Bartlett (1969), 17 Mich. App. 205, we find no reversible error. We are convinced that the defendant pled guilty because he was in fact guilty — that is our main concern. People v. Dunn, supra.

Affirmed.


Summaries of

People v. Candler

Michigan Court of Appeals
Apr 2, 1971
32 Mich. App. 339 (Mich. Ct. App. 1971)
Case details for

People v. Candler

Case Details

Full title:PEOPLE v. CANDLER

Court:Michigan Court of Appeals

Date published: Apr 2, 1971

Citations

32 Mich. App. 339 (Mich. Ct. App. 1971)
188 N.W.2d 638