People v. Kuchulan

Michigan Court of Appeals

People v. Kuchulan

187 N.W.2d 492, 31 Mich. App. 280, 1971 Mich. App. LEXIS 2083

CourtMichigan Court of Appeals

DecidedFebruary 26, 1971

DocketDocket 9762

StatusPublished

Cited by1 cases

This text of 187 N.W.2d 492 (People v. Kuchulan) 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. Kuchulan, 187 N.W.2d 492, 31 Mich. App. 280, 1971 Mich. App. LEXIS 2083 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Defendant was convicted, by his plea of guilty, of aiding and abetting in the placing of an injurious substance with intent to destroy the property of another, contrary to MCLA § 750.208 (Stat Ann 1962 Rev § 28.405). On appeal, the people move to affirm. GCB 1963, 817.5(3).

The only issue raised on appeal is whether defendant’s plea of guilty was properly accepted where the trial judge did not examine him to establish the crime and his participation therein. It is manifest that the question presented, on which decision of the cause depends, is so unsubstantial as to need no argument or formal submission.

The failure of the trial judge to examine defendant with reference to the crime and his participation therein is not necessarily fatal to the conviction. People v. Seifert (1969), 17 Mich App 187, People v. Donald T. Moore (1970), 21 Mich App 150. Before accepting a guilty plea, the trial court is required to arrive at a reasonable ascertainment of the truth of the plea. People v. Bartlett (1969), 17 Mich App 205. The truth of a plea is ascertained when there appears from the record a substantial *282 factual basis for it. In tbe present case, the transcript of the preliminary examination furnishes a substantial factual basis for the plea. In addition, defendant’s plea was entered during the second day of trial and just shortly after a codefendant was questioned as to his participation in the offense. The record in this case contains a substantial factual basis for the plea and the trial judge did not err by not examining defendant as to the crime and his participation therein.

Motion to affirm is granted.

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Per Curiam.

Defendant was convicted, by his plea of guilty, of aiding and abetting in the placing of an injurious substance with intent to destroy the property of another, contrary to MCLA § 750.208 (Stat Ann 1962 Rev § 28.405). On appeal, the people move to affirm. GCB 1963, 817.5(3).

The only issue raised on appeal is whether defendant’s plea of guilty was properly accepted where the trial judge did not examine him to establish the crime and his participation therein. It is manifest that the question presented, on which decision of the cause depends, is so unsubstantial as to need no argument or formal submission.

The failure of the trial judge to examine defendant with reference to the crime and his participation therein is not necessarily fatal to the conviction. People v. Seifert (1969), 17 Mich App 187, People v. Donald T. Moore (1970), 21 Mich App 150. Before accepting a guilty plea, the trial court is required to arrive at a reasonable ascertainment of the truth of the plea. People v. Bartlett (1969), 17 Mich App 205. The truth of a plea is ascertained when there appears from the record a substantial *282 factual basis for it. In tbe present case, the transcript of the preliminary examination furnishes a substantial factual basis for the plea. In addition, defendant’s plea was entered during the second day of trial and just shortly after a codefendant was questioned as to his participation in the offense. The record in this case contains a substantial factual basis for the plea and the trial judge did not err by not examining defendant as to the crime and his participation therein.

Motion to affirm is granted.

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Bluebook (online)

187 N.W.2d 492, 31 Mich. App. 280, 1971 Mich. App. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kuchulan-michctapp-1971.

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