People v. Gray

Michigan Court of Appeals

People v. Gray

40 Mich. App. 417

Michigan Court of Appeals·Decided May 1, 1972·No. Docket No. 11188·Published·Cited by 1 cases

Opinion

Per Curiam.

Defendant Gray was convicted on his plea of guilty of breaking and entering an unoccupied dwelling. MCLA 750.110; MSA 28.305. He appeals as of right.

[418]*418Before accepting defendant’s plea of guilty, the trial court failed to inform him of his Federal constitutional privilege against self-incrimination secured by the Fifth Amendment.

Failure of the trial court to advise the defendant of this right so as to effect a waiver thereof by his plea of guilty makes this plea infirm. See Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969); People v Jaworski, 387 Mich 21 (1972).

We need not reach the other issue raised by defendant in view of our finding above.

Reversed and remanded.

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Per Curiam.

Defendant Gray was convicted on his plea of guilty of breaking and entering an unoccupied dwelling. MCLA 750.110; MSA 28.305. He appeals as of right.

[418]*418Before accepting defendant’s plea of guilty, the trial court failed to inform him of his Federal constitutional privilege against self-incrimination secured by the Fifth Amendment.

Failure of the trial court to advise the defendant of this right so as to effect a waiver thereof by his plea of guilty makes this plea infirm. See Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969); People v Jaworski, 387 Mich 21 (1972).

We need not reach the other issue raised by defendant in view of our finding above.

Reversed and remanded.

People v. Gray, 40 Mich. App. 417 (Mich. Ct. App. 1972).

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Opinion

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