Opinion
Docket No. 8051.
Decided January 26, 1971.
Appeal from Genesee, John W. Baker, J. Submitted Division 2 December 8, 1970, at Lansing. (Docket No. 8051.) Decided January 26, 1971.
Dana Michael Sage and Peter Anthony Miles were convicted, on their pleas of guilty, of unarmed robbery. Defendant Sage appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.
James I. Bearinger, for defendant Sage on appeal.
Having been charged with unarmed robbery, contrary to MCLA § 750.530 (Stat Ann 1954 Rev § 28.798), the defendant-appellant Sage and codefendant Miles, while represented by counsel, entered pleas of guilty on July 14, 1969. On August 20, 1969, defendant-appellant Sage was sentenced to serve from 2 to 15 years in prison; he now appeals as of right, contending that his plea was not properly entered.
His primary contention, founded upon Boykin v. Alabama (1969), 395 U.S. 238 ( 89 S Ct 1709, 23 L Ed 2d 274) is that a record devoid of express waivers is a "silent" record, and that such a record will not support a guilty plea. This argument was made recently in People v. Patterson (1970), 25 Mich. App. 246, and this Court rejected it, saying:
"Under Michigan law, an express waiver is not necessary. When a defendant pleads guilty, after he has been informed of his constitutional rights, he waives those rights. People v. Dunn (1968), 380 Mich. 693. We do not believe that Boykin, supra, changes this rule."
Appellant's other claims of error are not meritorious. It appears from the record that the plea was freely, understandingly, and voluntarily made and complied with GCR 1963, 785.3. No miscarriage of justice has resulted.
Affirmed.