People v. Berry

165 N.W.2d 896, 14 Mich. App. 620

Opinions

McGregor, J.

In response to the Supreme Court’s remand order dated July 24, 1968, this Court has reconsidered on the merits the lower court’s acceptance of defendant’s guilty plea and our previous determination- setting aside that plea, as reported in 10 Mich App 469. By its recent decisions, the Supreme Court has held that guilty-plea procedure is not to be judged by an inflexible schedule of requirements, but rather by a determination of whether essential justice prevailed. See People v. Hobdy (1968), 380 Mich 686; People v. Dunn (1968), 380 Mich 693; People v. Stearns (1968), 380 Mich 704; and People v. Winegar (1968), 380 Mich 719. Defendant was aware of his right to counsel, and the absence of an express waiver of that right is not reversible error. Accordingly, we set aside our earlier decision reversing the trial court and affirm the conviction.

J. H. Gillis, J., concurred with McGregor, J.