Danhof, J.
The defendant was charged with breaking and entering contrary to MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). At his arraignment on August 14, 1969 the defendant, while represented by counsel, stood mute, and the court then entered a plea of not guilty, as required by statute, MCLA § 767.37 (Stat Ann 1954 Rev § 28.977).
On September 8, 1969 the people moved to add a second count of attempted breaking and entering, MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). That motion was allowed and the defendant then pled guilty to the added count. On September 29, 1969 [543]*543the defendant was sentenced to a term of four to five years in prison.
The only question on appeal is whether the trial court complied with the constitutional requirements in accepting a plea as stated in the case of Boykin v. Alabama (1969), 395 US 238 (89 S Ct 1709, 23 L Ed 2d 274).
The defendant argues that the Boykin decision requires on the record statements waiving (1) the privilege against compulsory self-incrimination, (2) the right to trial by jury, and (3) the right to confront one’s accusers. The record contains statements waiving the last two constitutional rights, but there is no statement specifically waiving the privilege against compulsory self-incrimination.
It is clear from the testimony at the time the guilty plea was taken,1 and from the written plea of guilty [544]*544signed both by defendant and his attorney,2 that [545]*545there was full compliance by the trial judge with the statutory and court rule requirements relative [546]*546to accepting pleas of guilty, CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058)3 123 4and GCR 1963, 785.3.4 Recent decisions of the Michigan Supreme Court in People v. Hobdy (1968), 380 Mich 686, People v. Dunn (1968), 380 Mich 693, People v. Stearns (1968), 380 Mich 704, and People v. Winegar (1968), 380 Mich 719, settle the validity of the trial judge’s acceptance of the defendant’s plea unless, as argued, [547]*547the later decision in Boykin v. Alabama, supra, requires additional interrogation by the trial judge.
This Court has previously held that Boykin does not apply retroactively. People v. Taylor (1970), 23 Mich App 595; People v. Butler (1970), 23 Mich App 643. We are now presented with a guilty plea entered approximately three months after Boykin was decided. We must determine what application, if any, Boykin has to Michigan criminal cases.
In Boykin a local grand jury returned five indictments against Boykin, a Negro, for common-law robbery — an offense punishable in Alabama by death. The court appointed counsel for the indigent defendant, and at the arraignment three days later, the defendant pleaded guilty to all five indictments. So far as the record showed, the judge had not asked any questions of Boykin concerning his plea and the defendant did not address the court. Justice Douglas, writing for the majority said, p 242:
“It was error, plain on the face of the record, for the trial judge to accept petitioner’s guilty plea without an affirmative showing that it was intelligent and voluntary.” (Emphasis added.)
After citing Carnley v. Cochran (1962), 369 US 506 (82 S Ct 884, 8 L Ed 2d 70), for the holding that “ ‘Presuming waiver from a silent record is impermissible,’ ” the Court stated, p 242:
“We think that the same standard must be applied to determining whether a guilty plea is voluntarily made.” (Emphasis added.)
The Boykin opinion lists three Federal constitutional rights involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial. They are the privilege against compulsory self-incrimination, the right to trial by jury, and the [548]*548right to confront one’s accusers. The court then said, p 243:
“We cannot presume a waiver of these three important federal rights from a silent record.” (Emphasis added.)
The concluding sentence of Justice Douglas’ opinion reads, p 244:
“The three dissenting justices in the Alabama Supreme Court stated the law accurately when they concluded that there was reversible error ‘because the record does not disclose that the defendant voluntarily and understandingly entered his pleas of guilty.’ ” (Emphasis added.)
Boykin is devoid of any specific language stating that in order to have a valid waiver of the three Federal constitutional rights involved when a plea of guilty is entered the three rights must be specifically enumerated and specifically waived. If the United States Supreme Court had intended such a holding, it would have been easy for the court to have so stated. Rather, the court emphasized the silent record5 and thus the lack of any affirmative showing that the defendant voluntarily and understandingly entered his guilty plea.
We think the purpose of the enumeration in Boy-kin of the three Federal constitutional rights which are waived by the valid entry of a guilty plea was to explain why it is necessary to have a record which affirmatively shows that the defendant did voluntarily and understandingly enter his guilty plea. These three rights are so important that the United [549]*549States Supreme Court would not presume from a silent record that ignorance, incomprehension, coercion, terror, inducements, subtle or blatant threats were not involved. Boykin v. Alabama, supra, pp 242, 243.
This construction of the Boykin decision is supported by the opinion of Michigan Chief Justice T. E. Brennan in People v. Taylor (1970), 383 Mich 338. He wrote pp 355, 356:
“The Court further enumerates the privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers.
“The Court did not say, as some have suggested, that explicit and expressed waivers must be taken upon each of these constitutional rights before the plea can be accepted.
“The holding is more properly, that these rights are waived by the act of entering the guilty plea, and it is for this reason that a record must be made upon the question of voluntariness.”
The Chief Justice continued his discussion of Boy-kin pp 356, 357:
“This understanding of the case is highlighted by the dissent. The Harlan opinion criticizes the majority on the ground that its holding ‘* * * fastens upon the states, as a matter of Federal constitutional law, the rigid prophylactic requirements of Rule 11 of the Federal Rules of Criminal Procedure.’
“The dissent, in effect, accuses the majority of applying McCarthy v. United States (1969), 394 US 459 (89 S Ct 1166, 22 L Ed 2d 418) to the states retroactively, while applying it to the Federal courts prospectively only, via Halliday v.
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Danhof, J.
The defendant was charged with breaking and entering contrary to MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). At his arraignment on August 14, 1969 the defendant, while represented by counsel, stood mute, and the court then entered a plea of not guilty, as required by statute, MCLA § 767.37 (Stat Ann 1954 Rev § 28.977).
On September 8, 1969 the people moved to add a second count of attempted breaking and entering, MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). That motion was allowed and the defendant then pled guilty to the added count. On September 29, 1969 [543]*543the defendant was sentenced to a term of four to five years in prison.
The only question on appeal is whether the trial court complied with the constitutional requirements in accepting a plea as stated in the case of Boykin v. Alabama (1969), 395 US 238 (89 S Ct 1709, 23 L Ed 2d 274).
The defendant argues that the Boykin decision requires on the record statements waiving (1) the privilege against compulsory self-incrimination, (2) the right to trial by jury, and (3) the right to confront one’s accusers. The record contains statements waiving the last two constitutional rights, but there is no statement specifically waiving the privilege against compulsory self-incrimination.
It is clear from the testimony at the time the guilty plea was taken,1 and from the written plea of guilty [544]*544signed both by defendant and his attorney,2 that [545]*545there was full compliance by the trial judge with the statutory and court rule requirements relative [546]*546to accepting pleas of guilty, CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058)3 123 4and GCR 1963, 785.3.4 Recent decisions of the Michigan Supreme Court in People v. Hobdy (1968), 380 Mich 686, People v. Dunn (1968), 380 Mich 693, People v. Stearns (1968), 380 Mich 704, and People v. Winegar (1968), 380 Mich 719, settle the validity of the trial judge’s acceptance of the defendant’s plea unless, as argued, [547]*547the later decision in Boykin v. Alabama, supra, requires additional interrogation by the trial judge.
This Court has previously held that Boykin does not apply retroactively. People v. Taylor (1970), 23 Mich App 595; People v. Butler (1970), 23 Mich App 643. We are now presented with a guilty plea entered approximately three months after Boykin was decided. We must determine what application, if any, Boykin has to Michigan criminal cases.
In Boykin a local grand jury returned five indictments against Boykin, a Negro, for common-law robbery — an offense punishable in Alabama by death. The court appointed counsel for the indigent defendant, and at the arraignment three days later, the defendant pleaded guilty to all five indictments. So far as the record showed, the judge had not asked any questions of Boykin concerning his plea and the defendant did not address the court. Justice Douglas, writing for the majority said, p 242:
“It was error, plain on the face of the record, for the trial judge to accept petitioner’s guilty plea without an affirmative showing that it was intelligent and voluntary.” (Emphasis added.)
After citing Carnley v. Cochran (1962), 369 US 506 (82 S Ct 884, 8 L Ed 2d 70), for the holding that “ ‘Presuming waiver from a silent record is impermissible,’ ” the Court stated, p 242:
“We think that the same standard must be applied to determining whether a guilty plea is voluntarily made.” (Emphasis added.)
The Boykin opinion lists three Federal constitutional rights involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial. They are the privilege against compulsory self-incrimination, the right to trial by jury, and the [548]*548right to confront one’s accusers. The court then said, p 243:
“We cannot presume a waiver of these three important federal rights from a silent record.” (Emphasis added.)
The concluding sentence of Justice Douglas’ opinion reads, p 244:
“The three dissenting justices in the Alabama Supreme Court stated the law accurately when they concluded that there was reversible error ‘because the record does not disclose that the defendant voluntarily and understandingly entered his pleas of guilty.’ ” (Emphasis added.)
Boykin is devoid of any specific language stating that in order to have a valid waiver of the three Federal constitutional rights involved when a plea of guilty is entered the three rights must be specifically enumerated and specifically waived. If the United States Supreme Court had intended such a holding, it would have been easy for the court to have so stated. Rather, the court emphasized the silent record5 and thus the lack of any affirmative showing that the defendant voluntarily and understandingly entered his guilty plea.
We think the purpose of the enumeration in Boy-kin of the three Federal constitutional rights which are waived by the valid entry of a guilty plea was to explain why it is necessary to have a record which affirmatively shows that the defendant did voluntarily and understandingly enter his guilty plea. These three rights are so important that the United [549]*549States Supreme Court would not presume from a silent record that ignorance, incomprehension, coercion, terror, inducements, subtle or blatant threats were not involved. Boykin v. Alabama, supra, pp 242, 243.
This construction of the Boykin decision is supported by the opinion of Michigan Chief Justice T. E. Brennan in People v. Taylor (1970), 383 Mich 338. He wrote pp 355, 356:
“The Court further enumerates the privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers.
“The Court did not say, as some have suggested, that explicit and expressed waivers must be taken upon each of these constitutional rights before the plea can be accepted.
“The holding is more properly, that these rights are waived by the act of entering the guilty plea, and it is for this reason that a record must be made upon the question of voluntariness.”
The Chief Justice continued his discussion of Boy-kin pp 356, 357:
“This understanding of the case is highlighted by the dissent. The Harlan opinion criticizes the majority on the ground that its holding ‘* * * fastens upon the states, as a matter of Federal constitutional law, the rigid prophylactic requirements of Rule 11 of the Federal Rules of Criminal Procedure.’
“The dissent, in effect, accuses the majority of applying McCarthy v. United States (1969), 394 US 459 (89 S Ct 1166, 22 L Ed 2d 418) to the states retroactively, while applying it to the Federal courts prospectively only, via Halliday v. United States (1969), 394 US 831 (89 S Ct 1498, 23 L Ed 2d 16).
“The McCarthy decision held that a failure to comply with Federal Rule 11, by a failure to ‘address the defendant personally’ was reversible error.
[550]*550“Mr. Chief Justice Warren, writing in McCarthy, directed attention to the 1966 amendment of Rule 11, which now provides:
“ ‘A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty, and shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and the consequence of the plea. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea. (As amended Feb. 28, 1966, eff July 1, 1966.)
“By footnote, the Chief Justice referred to the notes of the Advisory Committee on Criminal Rules, which were published in connection with the 1966 amendment. These notes are of particular interest to those of us who labor in the Michigan judicial vineyards. They say:
“ ‘For a similar requirement see Stat Ann § 28-.1058; Court Rule No 35A (1945); In re Valle (1961), 364 Mich 471 (110 NW2d 673); People v. Barrows (1959), 358 Mich 267 (99 NW2d 347); People v. Bumpus (1959), 355 Mich 374 (94 NW2d 854); People v. Coates (1953), 337 Mich 56 (59 NW2d 83).’
“No other state statutes, state court rules, or state court decisions are cited in the Committee notes attending the 1966 amendment of Federal Rule 11.
“In all modesty, we conclude that the 1966 amendment of Federal Rule 11 was designed to bring Federal court practice up to the standard of our Michigan practice; that the McCarthy case was in furtherance of that object and that the Boykin case, even when read through the piercing eyes of the dissent, merely stands for the proposition that our sister state of Alabama is being federally mandated to comply with long-standing Michigan practice.
[551]*551“Under none of our Michigan holdings would Boy-kin’s no-transcript, no-colloquy, no-advice plea have been held valid.”
We agree with that analysis and interpretation of Boykin. However, since only Justice Kelly joined in signing the opinion, although Justices Black and Dethmers did concur in reversal on the basis that Boykin was not to apply retroactively, we cannot cite the Chief Justice’s opinion as controlling authority.
Additional enlightenment as to what Boykin held has been expressed in the recent case Brady v. United States (1970), 397 US 742 (90 S Ct 1463, 25 L Ed 2d 747). We think it supports the Chief Justice’s interpretation of Boykin.
At issue in Brady was the question whether Brady’s guilty plea to the offense of kidnaping was invalid because entered at a time when if he had exercised his constitutional right to a jury trial he faced a maximum penalty of death, if the jury should so recommend. Brady contended that on the authority of the United States v. Jackson (1968), 390 US 570 (88 S Ct 1209, 20 L Ed 2d 138) his plea was involuntarily made.
Justice White, writing for the court, said, p 747:
“Plainly, it seems to us, Jackson ruled neither that all pleas of guilty encouraged by the fear of a possible death sentence are involuntary pleas nor that such encouraged pleas are invalid whether involuntary or not. Jackson prohibits the imposition of the death penalty under § 1201 (a), hut that decision neither fashioned a new standard for judging the validity of guilty pleas nor mandated a new application of the test theretofore fashioned by courts and since reiterated that guilty pleas are valid if both [552]*552‘voluntary’ and ‘intelligent.’ See Boykin v. Alabama, 395 US 238, 242 (1969).”4
Justice White continued p 748:
“That a guilty plea is a grave and solemn act to be accepted only with care and discernment has long been recognized. Central to the plea and the foundation for entering judgment against the defendant is the defendant’s admission in open court that he committed the acts charged in the indictment. He thus stands as a witness against himself and he is shielded by the Fifth Amendment from being compelled to do so — hence the minimum requirement that his plea be the voluntary expression of his own choice. But the plea is more than an admission of past conduct; it is the defendant’s consent that judgment of conviction may be entered without a trial — a waiver of his right to trial before a jury or a judge. Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.6 On neither score was Brady’s plea of guilty invalid.”
Footnote 4 of the opinion reads:
“4 The requirement that a plea of guilty must be intelligent and voluntary to be valid has long been recognized. See nn. 5 and 6, infra. The new element added in Boykin was the requirement that the record must affirmatively disclose that a defendant ivho pleaded guilty entered his plea under standingly and voluntarily; this Court has not yet passed on the question of the retroactivity of this new requirement.” (Emphasis added.)
Footnote 6 of the opinion states in part:
“Since an intelligent assessment of the relative advantages of pleading guilty is frequently impossible without the assistance of an attorney, this Court has scrutinized with special care pleas of guilty entered [553]*553by defendants who pleaded guilty without the assistance of counsel and without a valid waiver of the right to counsel. * * *
“The importance of assuring that a defendant does not plead guilty except with a full understanding of the charges against him and the possible consequences of his plea was at the heart of our recent decisions in McCarthy v. United States, supra, and Boykin v. Alabama, 395 US 238 (1969). See nn. 3 and 4, supra.” (Emphasis added.)
Later, Justice White writes, pp 749, 754, 755:
“The voluntariness of Brady’s plea can be determined only by considering all of the relevant circumstances surrounding it.
“Brady first pleaded not guilty; prior to changing his plea to guilty he was subjected to no threats or promises in face-to-face encounters with the authorities. He had competent counsel and full opportunity to assess the advantages and disadvantages of a trial as compared with those attending a plea of guilty; there was no hazard of an impulsive and improvident response to a seeming but unreal advantage. His plea of guilty was entered in open court and before a judge obviously sensitive to the requirements of the law with respect to guilty pleas.
* # #
“The standard as to the voluntariness of guilty pleas must be essentially that defined by Judge Tuttle of the Court of Appeals for the Fifth Circuit:
“ ‘[A] plea of guilty entered by one fully aware of the direct consequences, including the actual value of any commitments made to him by the court, prosecutor, or his own counsel, must stand unless induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by [554]*554promises that are by their nature improper as having no proper relationship to the prosecutor’s business. (e.g. bribes).”’
Justice White continued, p 756, 758:
“The record before us also supports the conclusion that Brady’s plea was intelligently made. He was advised by competent counsel, he was made aware of the nature of the charge against him, and there was nothing to indicate that he was incompetent or otherwise not in control of his mental faculties; once his confederate had pleaded guilty and became available to testify, he chose to plead guilty, perhaps to ensure that he would face no more than life imprisonment or a term of years. Brady was aware of precisely what he was doing when he admitted that he had kidnaped the victim and had not released her unharmed.
“We would have serious doubts about this case if the encouragement of guilty pleas by offers of leniency substantially increased the likelihood that defendants, advised by competent counsel, would falsely condemn themselves. But our view is to the contrary and is based on our expectations that courts will satisfy themselves that pleas of guilty are voluntarily and intelligently made by competent defendants with adequate advice of counsel and that there is nothing to question the accuracy and reliability of the defendants’ admissions that they committed the crimes with which they are charged. In the case before us, nothing in the record impeaches Brady’s plea or suggests that his admissions in open court were anything but the truth.”
We think the Brady decision has made clear that Boykin did not hold that there must be on the record waivers of each of the enumerated Federal constitutional rights before a guilty plea can be accepted.
[555]*555The court in Boykin did say, p 240:
“Trial strategy may of course make a plea of guilty seem the desirable course. But the record is wholly silent on that point and throws no light on it.”
In the case before us the record is not silent on trial strategy. Rather, it shows that defendant was originally charged with a crime the maximum penalty for which is ten years imprisonment. The record further shows that the defendant, while represented by the same counsel as has represented him throughout this case, including this appeal, stood mute at the arraignment. Later the defendant pled guilty to an added count, the maximum penalty for conviction under it being only five years imprisonment. This is a typical, non-silent record of plea bargaining which is a recognized form of trial strategy.
Thus, it is our opinion that the entry of the plea of guilty complied fully with all the requirements of the Michigan statutes and court rules and with all the Federal constitutional requirements.
Affirmed.
Snow, J., concurred.