People v. McClain

Michigan Court of Appeals

People v. McClain

264 N.W.2d 1, 81 Mich. App. 84, 1977 Mich. App. LEXIS 1299

CourtMichigan Court of Appeals

DecidedApril 5, 1977

DocketDocket 28551

StatusPublished

Cited by13 cases

This text of 264 N.W.2d 1 (People v. McClain) 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. McClain, 264 N.W.2d 1, 81 Mich. App. 84, 1977 Mich. App. LEXIS 1299 (Mich. Ct. App. 1977).

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Opinion

Per Curiam.

Defendant, charged with first-degree murder, MCLA 750.316; MSA 28.548, pled guilty on January 22, 1976, before the late Judge Donald S. Leonard to the offense of second-degree murder, MCLA 750.317; MSA 28.549, pursuant to a plea bargain. On February 6, 1976, defendant was brought before Judge Clarence Laster for sentence. Defendant was advised that Judge Leonard was ill and that Judge Laster was going to pronounce sentence. Defendant and his counsel then asked that defendant be allowed to withdraw his plea of guilty and proceed to trial. It is rather obvious from a reading of the transcript that defendant and his counsel were displeased with the fact that defendant was not going to be sentenced by Judge Leonard whom they considered to be a lenient sentencer. Defendant then went on to explain to the court that the only reason that he pled guilty was becáuse of the influence of his counsel; that he did not commit the crime; and that he wanted the police department to investigate the crime and "see who did it”. The trial court declined to allow defendant to withdraw the plea and proceeded to sentence him.

No authority need be cited for the proposition that the trial court should construe with great liberality the request of the defendant to withdraw his plea prior to sentence when the defendant advises the court that he is not guilty. It was an abuse of discretion on the part of the trial court to refuse the withdrawal of this plea.

Reversed and remanded for trial on the original charge of first-degree murder.

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Per Curiam.

Defendant, charged with first-degree murder, MCLA 750.316; MSA 28.548, pled guilty on January 22, 1976, before the late Judge Donald S. Leonard to the offense of second-degree murder, MCLA 750.317; MSA 28.549, pursuant to a plea bargain. On February 6, 1976, defendant was brought before Judge Clarence Laster for sentence. Defendant was advised that Judge Leonard was ill and that Judge Laster was going to pronounce sentence. Defendant and his counsel then asked that defendant be allowed to withdraw his plea of guilty and proceed to trial. It is rather obvious from a reading of the transcript that defendant and his counsel were displeased with the fact that defendant was not going to be sentenced by Judge Leonard whom they considered to be a lenient sentencer. Defendant then went on to explain to the court that the only reason that he pled guilty was becáuse of the influence of his counsel; that he did not commit the crime; and that he wanted the police department to investigate the crime and "see who did it”. The trial court declined to allow defendant to withdraw the plea and proceeded to sentence him.

No authority need be cited for the proposition that the trial court should construe with great liberality the request of the defendant to withdraw his plea prior to sentence when the defendant advises the court that he is not guilty. It was an abuse of discretion on the part of the trial court to refuse the withdrawal of this plea.

Reversed and remanded for trial on the original charge of first-degree murder.

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Bluebook (online)

264 N.W.2d 1, 81 Mich. App. 84, 1977 Mich. App. LEXIS 1299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcclain-michctapp-1977.

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