People v. Hart

Michigan Court of Appeals

People v. Hart

26 Mich. App. 370

CourtMichigan Court of Appeals

DecidedAugust 28, 1970

DocketDocket No. 9,298

StatusPublished

Cited by1 cases

This text of 26 Mich. App. 370 (People v. Hart) 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. Hart, 26 Mich. App. 370 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

The defendant, while represented by counsel, pled guilty to the reduced charge of assault with intent to rob while being armed, MCLA § 750.89 (Stat Ann 1962 Rev § 28.284), and was sentenced to a term of 25 to 35 years in prison.

On appeal the defendant argues that she should be granted a new trial because her plea was invalid under GCR 1963, 785.3. She alleges it was involuntary for the reasons that she feared the use of an illegally obtained confession and that there existed a promise of reduction in the charge.

A plea is voluntary if it is knowingly and understandingly made with the benefit of counsel even though an illegally obtained confession existed. People v. Temple (1970), 23 Mich App 651. A fulfilled promise of leniency is not a basis for holding a guilty plea involuntary. The record shows that the plea was freely, understandingly and voluntarily made and complied with GCR 1963, 785.3.

Affirmed.

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Per Curiam.

The defendant, while represented by counsel, pled guilty to the reduced charge of assault with intent to rob while being armed, MCLA § 750.89 (Stat Ann 1962 Rev § 28.284), and was sentenced to a term of 25 to 35 years in prison.

On appeal the defendant argues that she should be granted a new trial because her plea was invalid under GCR 1963, 785.3. She alleges it was involuntary for the reasons that she feared the use of an illegally obtained confession and that there existed a promise of reduction in the charge.

A plea is voluntary if it is knowingly and understandingly made with the benefit of counsel even though an illegally obtained confession existed. People v. Temple (1970), 23 Mich App 651. A fulfilled promise of leniency is not a basis for holding a guilty plea involuntary. The record shows that the plea was freely, understandingly and voluntarily made and complied with GCR 1963, 785.3.

Affirmed.

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Bluebook (online)

26 Mich. App. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hart-michctapp-1970.

Opinion

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