People v. Boomer

Michigan Court of Appeals

People v. Boomer

297 N.W.2d 663, 99 Mich. App. 353, 1980 Mich. App. LEXIS 2841

CourtMichigan Court of Appeals

DecidedAugust 12, 1980

DocketDocket 45869

StatusPublished

Cited by1 cases

This text of 297 N.W.2d 663 (People v. Boomer) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boomer, 297 N.W.2d 663, 99 Mich. App. 353, 1980 Mich. App. LEXIS 2841 (Mich. Ct. App. 1980).

Pincite

Opinion

T. M. Burns, P. J.

Defendant appeals of right his May 15, 1979, plea of guilty to armed robbery. MCL 750.529; MSA 28.797. On May 16, 1979, he was sentenced to a term of 8 to 20 years imprisonment. Defendant raises one issue for our consideration. On the date of sentencing, but before sentence was imposed by the Court, defendant indicated that he wished to withdraw his guilty plea. Defendant’s request was summarily denied without any inquiry by the sentencing judge as to why defendant wished to withdraw his plea:

"Defendant: I would like to withdraw my plea to not guilty (sic).

"The Court: Your motion is denied. Anything further?

"Defendant: No.”

Although there is no absolute right to withdraw a guilty plea, requests for withdrawal should be granted with "great liberality” if made prior to sentencing. People v Price, 85 Mich App 57; 270 NW2d 707 (1978), lv den 405 Mich 819 (1979), People v Winegar, 78 Mich App 764; 261 NW2d 45 (1977).

In People v Moore, 74 Mich App 195, 198; 253 NW2d 708 (1977), this Court held that when a defendant moves to withdraw a guilty plea, the *355 judge must "inquire in some detail why the defendant wishes to do so”. We find no evidence of such an inquiry in the instant case. Therefore, we would adopt the remedy approved of in Moore and remand this case to the lower court with instruction to conduct an evidentiary hearing on whether defendant’s desire to withdraw his guilty plea was motivated by a sufficiently nonfrivolous reason. If, in the discretion of the trial judge, it was, the defendant should be permitted to withdraw his plea and should be tried on the original charge in accordance with People v Moore, supra. If, on the other hand, the trial judge should determine that the defendant has no valid reason for withdrawing his guilty plea, the conviction should be affirmed. We retain no further jurisdiction.

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T. M. Burns, P. J.

Defendant appeals of right his May 15, 1979, plea of guilty to armed robbery. MCL 750.529; MSA 28.797. On May 16, 1979, he was sentenced to a term of 8 to 20 years imprisonment. Defendant raises one issue for our consideration. On the date of sentencing, but before sentence was imposed by the Court, defendant indicated that he wished to withdraw his guilty plea. Defendant’s request was summarily denied without any inquiry by the sentencing judge as to why defendant wished to withdraw his plea:

"Defendant: I would like to withdraw my plea to not guilty (sic).

"The Court: Your motion is denied. Anything further?

"Defendant: No.”

Although there is no absolute right to withdraw a guilty plea, requests for withdrawal should be granted with "great liberality” if made prior to sentencing. People v Price, 85 Mich App 57; 270 NW2d 707 (1978), lv den 405 Mich 819 (1979), People v Winegar, 78 Mich App 764; 261 NW2d 45 (1977).

In People v Moore, 74 Mich App 195, 198; 253 NW2d 708 (1977), this Court held that when a defendant moves to withdraw a guilty plea, the *355 judge must "inquire in some detail why the defendant wishes to do so”. We find no evidence of such an inquiry in the instant case. Therefore, we would adopt the remedy approved of in Moore and remand this case to the lower court with instruction to conduct an evidentiary hearing on whether defendant’s desire to withdraw his guilty plea was motivated by a sufficiently nonfrivolous reason. If, in the discretion of the trial judge, it was, the defendant should be permitted to withdraw his plea and should be tried on the original charge in accordance with People v Moore, supra. If, on the other hand, the trial judge should determine that the defendant has no valid reason for withdrawing his guilty plea, the conviction should be affirmed. We retain no further jurisdiction.

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Bluebook (online)

297 N.W.2d 663, 99 Mich. App. 353, 1980 Mich. App. LEXIS 2841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boomer-michctapp-1980.

Opinion

T. M. Burns, P. J.

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