People v. Landis

Michigan Court of Appeals

People v. Landis

283 N.W.2d 647, 91 Mich. App. 345, 1979 Mich. App. LEXIS 2257

CourtMichigan Court of Appeals

DecidedJuly 11, 1979

DocketDocket 78-5258

StatusPublished

Cited by15 cases

This text of 283 N.W.2d 647 (People v. Landis) 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. Landis, 283 N.W.2d 647, 91 Mich. App. 345, 1979 Mich. App. LEXIS 2257 (Mich. Ct. App. 1979).

Pincite

Opinion

Per Curiam.

Defendant was plea convicted of *346 the charged offense of armed robbery, contrary to MCL 750.529; MSA 28.797, and was sentenced to prison for a term of 7-1/2 to 20 years. He appeals of right and asserts he did not enter his guilty plea understandingly.

Defendant claims error in the trial judge’s informing him as follows:

"The armed robbery charge can carry with it, upon conviction, a maximum of life. There is no minimum sentence required under that statute. It is one which does not permit probation as á sentence.”

Defendant asserts that there is a mandatory minimum sentence—even though the Courts have not as yet determined what it is. The statute reads in pertinent part: "punishable by imprisonment for life or for any term of years”.

We choose to follow the opinion in the case of People v Freeman, 73 Mich App 568; 252 NW2d 518 (1977), which .ruled that there is no mandatory minimum sentence for armed robbery, therefore, a court at a guilty plea proceeding need not advise a defendant of a mandatory minimum prison sentence for armed robbery.

Affirmed.

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