People v. Madden

Full title: PEOPLE v. MADDEN

Court: Michigan Court of Appeals

Date published: Apr 30, 1971

33 Mich. App. 338 (Mich. Ct. App. 1971)

190 N.W.2d 111

Opinion

Docket No. 10322.

Decided April 30, 1971. Leave to appeal denied July 16, 1971. 385 Mich. 770.

Appeal from Recorder's Court of Detroit, Don Binkowski, J. Submitted Division 1 April 7, 1971, at Detroit. (Docket No. 10322.) Decided April 30, 1971. Leave to appeal denied July 16, 1971. 385 Mich. 770.

James Ray Madden was convicted, on his plea of guilty, of manslaughter. Defendant appeals. Motion to affirm granted.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Robert L. O'Hara, Assistant Prosecuting Attorney, for the people.

T. Vincent, for defendant on appeal.

Before: LESINSKI, C.J., and DANHOF 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.

The defendant pled guilty to a reduced charge of manslaughter, MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). He was sentenced to a term of 14-1/2 to 15 years in prison.

On appeal he claims, inter alia, that the trial court should have informed him of the elements of the crime before accepting his plea. The people move to affirm the conviction.

An explanation of the elements of the crime is not required. People v. Morgan (1970), 28 Mich. App. 594. The trial court made an unusually thorough and extensive examination of the defendant before accepting his plea, and there was no error.

The questions sought to be reviewed are so unsubstantial as to require no argument or formal submission.

Motion to affirm is granted.