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People v. Gaffney

225 N.W.2d 806, 57 Mich. App. 457, 1975 Mich. App. LEXIS 1613
CourtMichigan Court of Appeals
DecidedJanuary 7, 1975
DocketDocket No. 18373
StatusPublished

This text of 225 N.W.2d 806 (People v. Gaffney) 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. Gaffney, 225 N.W.2d 806, 57 Mich. App. 457, 1975 Mich. App. LEXIS 1613 (Mich. Ct. App. 1975).

Opinion

J. H. Gillis, P. J.

Defendant proffered a plea of guilty to manslaughter (MCLA 750.321; MSA 28.553) on May 23, 1973, and the trial judge accepted the plea June 7, 1973.1 Defendant was sentenced to 8-1/2 years to 15 years in prison and appeals as of right.

Defendant argues that the trial judge did not adequately inform him of the general nature of the charge to which he pled guilty. The following testimony, taken at the guilty-plea hearing, is pertinent to this issue:

"Q. What is your name?
’A. James Gaffney.
”Q. What’s your address?
"A. 9339 American.
"Q. How old are you?
’A. Twenty-three (23).
"Q. How far did you go in school?
’A. Eleventh Grade.
”Q. You understand the English language?
’A. Yes.
”Q. And does Mr. Pliskow represent you?
'A. Yes.
”Q. Are you satisfied with his services on your behalf?
'A. Yes.
[459]*459"Q. Have you and he discussed the charges in this case?
"A. Yes.
"Q. Has he discussed with you the general nature of the charge that you are offering a plea to?
“A. Yes, sir.
"Q. Do you understand the nature of that charge?
’A. Yes, sir.
”Q. Do you know what the maximum sentence is in years on that?
”A. Yes sir.
"Q. What is it?
'A. Fifteen (15) years.
”Q. Do you understand now that a plea of guilty to the included offense of manslaughter constitutes a conviction for that crime?
"A. Yes, sir.
* * *
”Q. You’ve understood my questions and your answers that have been given were voluntarily?
’A. Right.
"Q. What do you want to do now?
’A. Plead guilty.
"Q. To what?
"A. Manslaughter.”

We think the trial judge adequately informed defendant of the nature of the charge. GCR 1963, 785.3, which was in effect at the time this plea was offered, provides: "If the accused pleads guilty * * * the court shall inform the accused of the nature of the accusation.” See MCLA 768.35; MSA 28.1058.2

[460]*460People v Butler, 387 Mich 1; 195 NW2d 268 (1972), held that the statute and the court rule require only substantial compliance. See People v Chappell, 44 Mich App 204; 205 NW2d 285 (1972); People v Sanders, 54 Mich App 541; 221 NW2d 243 (1974). In the case at bar, defendant was substantially advised of the nature of the charge when the trial judge elicited from defendant the fact that defendant had discussed the charges with his attorney and understood the nature of those charges. Moreover, the record clearly shows that defendant knew he was pleading guilty to manslaughter3 and [461]*461that the maximum sentence for this offense was 15 years.

We affirm the defendant’s conviction.

All concurred.

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Related

People v. Butler
195 N.W.2d 268 (Michigan Supreme Court, 1972)
People v. Sanders
221 N.W.2d 243 (Michigan Court of Appeals, 1974)
People v. Shekoski
224 N.W.2d 656 (Michigan Supreme Court, 1974)
People v. Chappell
205 N.W.2d 285 (Michigan Court of Appeals, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
225 N.W.2d 806, 57 Mich. App. 457, 1975 Mich. App. LEXIS 1613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaffney-michctapp-1975.