People v. Grades

Michigan Court of Appeals

People v. Grades

192 N.W.2d 655, 35 Mich. App. 383, 1971 Mich. App. LEXIS 1470

CourtMichigan Court of Appeals

DecidedJuly 29, 1971

DocketDocket 10110

StatusPublished

Cited by5 cases

This text of 192 N.W.2d 655 (People v. Grades) 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. Grades, 192 N.W.2d 655, 35 Mich. App. 383, 1971 Mich. App. LEXIS 1470 (Mich. Ct. App. 1971).

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Opinion

Per Curiam.

Defendant was charged with the sale of narcotics contrary to MCLA § 335.152 (Stat Ann 1957 Bev § 18.1122) and possession of narcotics contrary to MCLA § 335.153 (Stat Ann 1957 Bev § 18.1123). He entered a plea of guilty to the possession charge and was sentenced. Defendant’s motion to withdraw the plea was denied. This appeal followed.

Defendant’s first contention is that his plea was involuntary because he only pled guilty to possession in order to avoid the possibility of the 20-year minimum sentence were he convicted on the sales count. This fact alone does not make defendant’s plea involuntary. Brady v. United States (1970), 397 US 742 (90 S Ct 1463, 25 L Ed 2d 747). A review of the record convinces us that defendant’s plea was otherwise knowingly, intelligently, understandingly, and voluntarily entered.

Secondly, defendant contends that MCLA § 335-.153 is unconstitutional because it does not specifically provide for scienter as a necessary element. However, it is clear from defendant’s responses to the trial court’s questioning that he knew marijuana was in his possession and that it was indeed marijuana. Accordingly, whether or not the statute specifically or impliedly requires scienter as a necessary element, it could not affect the instant defendant’s plea. Therefore, this allegation also is without merit.

The motion to affirm is granted.

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Per Curiam.

Defendant was charged with the sale of narcotics contrary to MCLA § 335.152 (Stat Ann 1957 Bev § 18.1122) and possession of narcotics contrary to MCLA § 335.153 (Stat Ann 1957 Bev § 18.1123). He entered a plea of guilty to the possession charge and was sentenced. Defendant’s motion to withdraw the plea was denied. This appeal followed.

Defendant’s first contention is that his plea was involuntary because he only pled guilty to possession in order to avoid the possibility of the 20-year minimum sentence were he convicted on the sales count. This fact alone does not make defendant’s plea involuntary. Brady v. United States (1970), 397 US 742 (90 S Ct 1463, 25 L Ed 2d 747). A review of the record convinces us that defendant’s plea was otherwise knowingly, intelligently, understandingly, and voluntarily entered.

Secondly, defendant contends that MCLA § 335-.153 is unconstitutional because it does not specifically provide for scienter as a necessary element. However, it is clear from defendant’s responses to the trial court’s questioning that he knew marijuana was in his possession and that it was indeed marijuana. Accordingly, whether or not the statute specifically or impliedly requires scienter as a necessary element, it could not affect the instant defendant’s plea. Therefore, this allegation also is without merit.

The motion to affirm is granted.

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Bluebook (online)

192 N.W.2d 655, 35 Mich. App. 383, 1971 Mich. App. LEXIS 1470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grades-michctapp-1971.

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