People v. Matulonis

230 N.W.2d 347, 60 Mich. App. 143, 1975 Mich. App. LEXIS 1427
CourtMichigan Court of Appeals
DecidedApril 7, 1975
DocketDocket 18550
StatusPublished
Cited by22 cases

This text of 230 N.W.2d 347 (People v. Matulonis) 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. Matulonis, 230 N.W.2d 347, 60 Mich. App. 143, 1975 Mich. App. LEXIS 1427 (Mich. Ct. App. 1975).

Opinions

M. F. Cavanagh, J.

Defendant-appellant was convicted of the offense of assault with intent to commit great bodily harm less than murder, MCLA 750.84; MSA 28.279, by a jury on June 21, 1973. He was sentenced to five to ten years in prison on July 12, 1973. On September 6, 1974, this Court, retaining jurisdiction, granted defendant’s motion to remand for further proceedings to determine whether constitutionally infirm prior convictions were considered in aggravation of sentence. People v Moore, 391 Mich 426; 216 NW2d 770 (1974). This appeal considers other contentions of error which allegedly occurred before and during the trial.

Prior to trial, the prosecutor asked the trial court to add a count of attempted felonious assault and recommended that the defendant’s offer to plead guilty to that count be accepted. The prosecutor pointed out, however, that both the officer in charge of the case and the complaining witness opposed this plea proposal. After questioning the witness and the officer, the trial court declined to accept the plea and ordered the case brought to trial on the original charge, assault with intent to commit great bodily harm less than murder. At trial defendant was convicted of this offense.

The only meritorious issue raised in this appeal is whether the trial court erred in refusing to accept the prosecutor’s recommendation and the [146]*146defendant’s offer that he plead guilty to a lesser included offense.

The defendant argues that the trial court in this case exercised control over prosecutorial functions in violation of constitutional separation of powers. This has been the subject of several recent Michigan Supreme Court cases. Genesee Prosecutor v Genesee Circuit Judge, 386 Mich 672; 194 NW2d 693 (1972) (hereafter "Genesee Prosecutor I”), People v Curtis, 389 Mich 698; 209 NW2d 243 (1973), Genesee Prosecutor v Genesee Circuit Judge, 391 Mich 115; 215 NW2d 145 (1974) (hereafter "Genesee Prosecutor II”).

The appellee, however, points out that under GCR 1963, 785.7 a guilty plea may be entered "only with the consent of the court”. Appellee also characterizes the trial court’s action, in contrast with the Genesee Prosecutor line, as non-affirmative and points out that the prosecutor made no objection to the ruling and proceeded to trial on the original charge.

This issue presents a substantial question not yet decided by a Michigan appellate court. In Genesee Prosecutor I, the Michigan Supreme Court demonstrated that judicial control over the conduct of a prosecution was beyond the authority of a circuit court,

" 'Acting as prosecutor, judge and jury’ is a common description of an unfair and unlawful operation. However innocently and mistakenly, this is what happened in this case. The trial judge assumed the right over the objection of the prosecutor to determine under which of two applicable statutes a prosecution will be instituted. As already indicated such determination is an executive function and a part of the duties of the prosecutor. For the judiciary to claim power to control the institution and conduct of prosecutions would be an intrusion on the power of the executive branch of government and a [147]*147violation of the constitutional separation of powers. Const 1963, art 3, § 2. It also violates our fundamental sense of fair play.” 386 Mich 672, 683-684; 194 NW2d 693, 699.

That decision held that the trial judge did not have the authority to accept an offer and plea of guilty over the objection of the prosecutor to an offense not charged or included in the information.

Subsequently, in the case of People v Curtis, 389 Mich 698; 209 NW2d 243 (1973), the Court again prevented intrusion by the circuit court into the discretionary areas reserved to an examining magistrate and prosecuting attorney. At page 710, the Court stated:

"We find nothing objectionable in the actions of the district court in making a return as to only the lesser charge. The prosecutor had advised the district court the reasons why he did not want to proceed on the higher charge. His petition for nolle prosequi, stated he did not feel the evidence would sustain the higher charge. The circuit court judge may not substitute his opinion for that of the prosecuting attorney or the examining magistrate.”
"Such rationale is equally applicable to the situation where a judge demands that the prosecutor proceed on a higher charge as it is when he decides which of two charges the case will be proceeded upon. The effect upon the defendant and the prosecutor is the same. We therefore hold that the circuit court, in this situation, committed error in issuing its order of superintending control requiring that an examination be held on the higher charge.”

This holding was extended by the decision in Genesee Prosecutor II which overturned the trial court’s acceptance of a guilty plea, over the objection of the prosecutor, where both offenses were [148]*148charged in the information and where the plea was accepted to a lesser included offense. The rationale of these decisions was further illuminated:

"A circuit judge does not enjoy supervisory power over a prosecuting attorney. He may reverse a magistrate’s decision only for abuse of discretion. He may not properly substitute his judgment for that of the magistrate or prosecuting attorney as if he were reviewing the magistrate’s decision de novo or acting in a supervisory capacity with respect to the prosecuting attorney. He may reverse or revise their decisions only if it appears on the record that they have abused the power confided to them.” 391 Mich 115, 121; 215 NW2d 145, 147 (Footnotes omitted).

We recognize that there are distinctions between these three cases and the circumstances of the present case. The acceptance of guilty pleas is within the function of the trial court. Only the court can consent to the defendant’s offer to plead guilty. This consent may be withheld over the prosecutor’s objection if, for example, the court determines the plea to be involuntary or to lack a sufficient factual basis. The court is expressly authorized by GCR 1963, 785.7 to reject a plea under these circumstances. But the question inherent in this case is whether the trial court’s authority to reject a plea bargain extends beyond the reasons for noncompliance under the court rules. The unstated position of the trial court in this case must be that it had some inherent judicial authority to refuse to accept a guilty plea for reasons of the public interest.

We do not hold that in no circumstances outside of the ambit of the court rules can a trial court refuse to accept the prosecutor’s recommendation and the defendant’s offer to plead guilty to a lesser [149]*149included offense. Indeed, there may well be situations in which the public interest and the proper administration of justice justify such a decision. However, the circumstances of the present case did not authorize the trial court to determine, over the prosecutor’s stated recommendation, under which of two applicable statutes the defendant was to be prosecuted.

Although the Genesee Prosecutor line of cases did not consider the present conflict between the trial judge and the prosecutor, Genesee Prosecutor II

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People v. Matulonis
230 N.W.2d 347 (Michigan Court of Appeals, 1975)

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Bluebook (online)
230 N.W.2d 347, 60 Mich. App. 143, 1975 Mich. App. LEXIS 1427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matulonis-michctapp-1975.