People v. Murphy

170 N.W.2d 276, 17 Mich. App. 677, 1969 Mich. App. LEXIS 1282

• Court: Michigan Court of Appeals
• Decided: June 24, 1969
• Docket: Docket 5,646
• Status: Published

Opinion

Per Curiam.

Defendant appeals his conviction, based on his plea of guilty of breaking and entering in the nighttime. CL 1948, § 750.110 (Stat Ann 1962 Rev § 28.305); presently, MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305). He was sentenced to 2-1/2 to 15 years imprisonment on September 18, 1956, and paroled November 23, 1959. He was re-imprisoned August 16, 1964, escaped from Jackson Prison on November 11, 1964, and was returned to prison January 1, 1968.

At the arraignment on the information, the information was read to the defendant. He pled guilty to the crime as charged.

Defendant asserts that his guilty plea should be set aside because the trial judge failed to comply with the provisions of Court Rule 1945, 35A(1) (presently GCR 1963, 785.3(1)), in that he did not advise the defendant of his right to be assisted by counsel.

The record discloses that defendant was not advised of his right to assistance of counsel either before or after the time he was required to enter his plea. A record must show, or there must be an allegation and corroborative evidence, that an accused was informed of his right to counsel, before the trial court accepted his guilty plea. Carnley v. Cochran (1962), 369 US 506 (8 L Ed 2d 70, 82 S Ct 884); People v. Dunn (1968), 380 Mich 693.

The trial judge erroneously failed to inform defendant of his right to counsel before accepting his plea of guilty.

Reversed. New trial ordered.