Opinion
Docket No. 11244.
Decided August 26, 1971.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.
Carl Ziemba, for defendant on appeal.
Before: McGREGOR, P.J., and BRONSON and DANHOF, JJ.
MEMORANDUM OPINION. The defendant was charged with armed robbery. MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). He pled guilty to assault with intent to rob being armed. MCLA § 750.89 (Stat Ann 1962 Rev § 28.284). He was sentenced to a term of 6 to 20 years in prison.
On appeal it is argued that the trial court erred in not obtaining a specific waiver of the defendant's right to be proven guilty beyond a reasonable doubt, and also that the trial court abused its discretion in sentencing the 17-year-old defendant to a term of 6 to 20 years in prison.
Both issues have been raised in this Court before and decided adversely to the defendant's position. People v. Jaworski (1970), 25 Mich. App. 540, appeal pending; People v. Sepulvado (1970), 27 Mich. App. 66; People v. Malcom (1970), 27 Mich. App. 205; People v. McClendon (1970), 28 Mich. App. 483; People v. Miles (1970), 28 Mich. App. 562; People v. Geving (1970), 28 Mich. App. 570; People v. Dawkins (1971), 30 Mich. App. 186; and People v. Mitchell (1971), 30 Mich. App. 233. People v. Vandenboss (1970), 25 Mich. App. 702; People v. Albert White (1970), 27 Mich. App. 432; and People v. Hammond (1970), 27 Mich. App. 490. The questions sought to be reviewed are so unsubstantial as to require no argument or formal submission.
Motion to affirm is granted.
The trial judge, in accepting defendant's plea, properly complied with the requirements of Boykin v. Alabama (1969), 395 U.S. 238 ( 89 S Ct 1709, 23 L Ed 2d 274). See People v. Martin (1970), 29 Mich. App. 295, 298. (BRONSON, P.J., dissenting).