People v. Coleman

Michigan Court of Appeals

People v. Coleman

188 N.W.2d 250, 32 Mich. App. 207, 1971 Mich. App. LEXIS 1865

CourtMichigan Court of Appeals

DecidedMarch 30, 1971

DocketDocket 8517

StatusPublished

Cited by2 cases

This text of 188 N.W.2d 250 (People v. Coleman) 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. Coleman, 188 N.W.2d 250, 32 Mich. App. 207, 1971 Mich. App. LEXIS 1865 (Mich. Ct. App. 1971).

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Opinion

Per Curiam.

Defendant appeals a plea-based conviction of uttering and publishing. MCLA § 750.249 (Stat Ann § 28.446).

*208 Certain procedural errors are alleged to have occurred prior to the acceptance of defendant’s plea on October 7, 1968. These allegations of error are without merit and do not provide grounds for reversal. Where a defendant enters a plea of guilty to a charge against him, he waives any defects in the prior proceedings, including any defects which may have occurred at the arraignment before the examining magistrate. People v. Tate (1946) 315 Mich 76; People v. Quicksall (1948), 322 Mich 351; People v. Gant (1966), 4 Mich App 671, 674.

Defendant’s final issue is framed in the following question:

May a guilty plea by an accused, represented by counsel, stand as against an after-made allegation that the plea was directly induced by the existence of an illegally-obtained confession in the possession of the police at the time the plea was made?

Controlling precedent and rule has been established in People v. Temple (1970), 23 Mich App 651, followed in People v. Irwin (1970), 24 Mich App 582. In the Temple case we held:

“The plea is voluntary if it is knowingly and understandably made with the benefit of counsel, irrespective of the existence of the illegally obtained confession.”

The instant record indicates that the trial judge examined the defendant in painstaking detail as to the reason for his plea, explained to him in precise terms all of his pre-plea alternatives, and pointed out fully and fairly the consequences of the plea; and that the defendant was represented by counsel with whom he conferred. We are convinced that the plea was voluntary and that there was no miscarriage of justice. People v. Dunn (1968), 380 Mich 693.

Affirmed.

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Per Curiam.

Defendant appeals a plea-based conviction of uttering and publishing. MCLA § 750.249 (Stat Ann § 28.446).

*208 Certain procedural errors are alleged to have occurred prior to the acceptance of defendant’s plea on October 7, 1968. These allegations of error are without merit and do not provide grounds for reversal. Where a defendant enters a plea of guilty to a charge against him, he waives any defects in the prior proceedings, including any defects which may have occurred at the arraignment before the examining magistrate. People v. Tate (1946) 315 Mich 76; People v. Quicksall (1948), 322 Mich 351; People v. Gant (1966), 4 Mich App 671, 674.

Defendant’s final issue is framed in the following question:

May a guilty plea by an accused, represented by counsel, stand as against an after-made allegation that the plea was directly induced by the existence of an illegally-obtained confession in the possession of the police at the time the plea was made?

Controlling precedent and rule has been established in People v. Temple (1970), 23 Mich App 651, followed in People v. Irwin (1970), 24 Mich App 582. In the Temple case we held:

“The plea is voluntary if it is knowingly and understandably made with the benefit of counsel, irrespective of the existence of the illegally obtained confession.”

The instant record indicates that the trial judge examined the defendant in painstaking detail as to the reason for his plea, explained to him in precise terms all of his pre-plea alternatives, and pointed out fully and fairly the consequences of the plea; and that the defendant was represented by counsel with whom he conferred. We are convinced that the plea was voluntary and that there was no miscarriage of justice. People v. Dunn (1968), 380 Mich 693.

Affirmed.

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Bluebook (online)

188 N.W.2d 250, 32 Mich. App. 207, 1971 Mich. App. LEXIS 1865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coleman-michctapp-1971.

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