People v. Harrison

324 N.W.2d 57, 117 Mich. App. 472

Opinions

Per Curiam.

Defendant was charged with first-degree murder, MCL 750.316; MSA 28.548, arising out of the stabbing of James Weatherly. Defendant pled guilty to second-degree murder, MCL 750.317; MSA 28.549, on December 4, 1980, in Wayne County Circuit Court. On December 15, 1980, defendant was sentenced to a term of 7-1/2 to 20 years. Defendant appeals by right.

Defendant contends that the trial court was in error by failing to inform the defendant that the offense pled to was nonprobationable. We agree. Failure of the trial court, prior to accepting defendant’s plea, to advise the defendant that for the offense of murder he cannot be placed on probation, constitutes reversible error. People v Rogers, 412 Mich 669; 316 NW2d 701 (1982).

In view of the fact that Rogers requires reversal in the instant case, we need not deal with the other issues raised.

Reversed and remanded for further proceedings.