Opinion
Docket Nos. 17140, 17141.
Decided June 25, 1974. Leave to appeal denied.
Appeal from Calhoun, Creighton R. Coleman, J. Submitted Division 3 June 3, 1974, at Lansing. (Docket Nos. 17140, 17141.) Decided June 25, 1974. Leave to appeal denied, 392 Mich. 818.
Randall Lee Duck was convicted, on his plea of guilty, of larceny from the person. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Stanley Everett, Prosecuting Attorney, for the people.
Dennis H. Benson, Assistant State Appellate Defender, for defendant.
Defendant pled guilty to two separate charges of larceny from a person. MCLA 750.357; MSA 28.589. He appeals, claiming that he was not advised of his rights as set forth in People v Jaworski, 387 Mich. 21; 194 N.W.2d 868 (1972). He was originally charged with armed robbery. MCLA 750.529; MSA 28.797.
Defendant was arraigned in case No. 17140 on April 26, 1971. He stood mute at the arraignment. He was arraigned in case No. 17141 on August 23, 1971, at which time he was advised of his right to a trial by jury or by the court without a jury, his right to confront his accusers, and his privilege against self-incrimination.
The guilty pleas, in both cases, were accepted by the court on October 5, 1971, at which time the trial judge did not inform the defendant of his Jaworski rights.
People v Washington, 43 Mich. App. 551; 204 N.W.2d 541 (1972), held that the thrust of Jaworski was to insure that the defendant was aware of his rights and that it was unimportant how or when he received the information, as long as it was clear from the record that the defendant had such knowledge when he entered his plea.
Affirmed.
All concurred.