Opinion
Docket No. 13714.
Decided June 2, 1972. Leave to appeal denied, 388 Mich. 793.
Appeal from Jackson, John C. Dalton, J. Submitted Division 2 April 4, 1972, at Lansing. (Docket No. 13714.) Decided June 2, 1972. Leave to appeal denied, 388 Mich. 793.
William W. Winegar was convicted of kidnapping. His complaint for habeas corpus is treated as an application for leave to take a delayed appeal. Leave to appeal denied.
William W. Winegar, in propria persona.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and William D. Boham, Chief Appellate Attorney, for defendant.
Before: DANHOF, P.J., and McGREGOR and QUINN, JJ.
Defendant has filed a complaint for habeas corpus which is treated herein as an application for leave to take a delayed appeal from a conviction based upon a plea of guilty to the crime of kidnapping. MCLA 750.349; MSA 28.581.
On January 24, 1962, the defendant entered his plea of guilty. An appeal was taken and the conviction upon the plea was affirmed by this Court. People v. Winegar, 13 Mich. App. 162 (1968). Leave to appeal was denied, 381 Mich. 799 (1969).
Defendant alleges that his plea did not conform to the requirements of Boykin v. Alabama, 395 U.S. 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969), and People v. Jaworski, 387 Mich. 21 (1972). The Supreme Court has determined that the requirements of Boykin are not to be made retroactive beyond June 2, 1969. People v. Butler, 387 Mich. 1 (1972); People v. Carlisle, 387 Mich. 269 (1972).
Leave to appeal denied.