People v. Cureton

Michigan Court of Appeals

People v. Cureton

221 N.W.2d 242, 54 Mich. App. 501, 1974 Mich. App. LEXIS 1266

CourtMichigan Court of Appeals

DecidedJuly 25, 1974

DocketDocket No. 18570

StatusPublished

Cited by1 cases

This text of 221 N.W.2d 242 (People v. Cureton) 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. Cureton, 221 N.W.2d 242, 54 Mich. App. 501, 1974 Mich. App. LEXIS 1266 (Mich. Ct. App. 1974).

Pincite

Opinion

Per Curiam.

On June 20, 1973, defendant pled guilty to the crime of unarmed robbery. MCLA 750.530; MSA 28.798. He received a sentence of 6 to 15 years in prison, and on appeal asserts that the trial court failed to comply with the provisions of GCR 1963, 785.7(l)(d)(ii).

Before accepting a plea of guilty, the trial court must inform a defendant of, among other things, his "right to be presumed innocent until proven guilty beyond a reasonable doubt”. GCR 1963, 785.7(1)(d)(ii). In the instant case, the trial court explained to defendant the meaning of the presumption of innocence, and told defendant that the jury could not find him guilty unless its members were "completely convinced” that defendant had participated in each element of the charged offense. We find that the trial court substantially complied with the above rule, and that defendant’s conviction should not be reversed merely because the trial court failed to utter the phrase "beyond a reasonable doubt”. MCLA 769.26; MSA 28.1096, GCR 1963, 529.1.

Affirmed.

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Per Curiam.

On June 20, 1973, defendant pled guilty to the crime of unarmed robbery. MCLA 750.530; MSA 28.798. He received a sentence of 6 to 15 years in prison, and on appeal asserts that the trial court failed to comply with the provisions of GCR 1963, 785.7(l)(d)(ii).

Before accepting a plea of guilty, the trial court must inform a defendant of, among other things, his "right to be presumed innocent until proven guilty beyond a reasonable doubt”. GCR 1963, 785.7(1)(d)(ii). In the instant case, the trial court explained to defendant the meaning of the presumption of innocence, and told defendant that the jury could not find him guilty unless its members were "completely convinced” that defendant had participated in each element of the charged offense. We find that the trial court substantially complied with the above rule, and that defendant’s conviction should not be reversed merely because the trial court failed to utter the phrase "beyond a reasonable doubt”. MCLA 769.26; MSA 28.1096, GCR 1963, 529.1.

Affirmed.

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Bluebook (online)

221 N.W.2d 242, 54 Mich. App. 501, 1974 Mich. App. LEXIS 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cureton-michctapp-1974.

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