People v. Schleicher

Michigan Court of Appeals

People v. Schleicher

190 N.W.2d 738, 34 Mich. App. 112, 1971 Mich. App. LEXIS 1574

CourtMichigan Court of Appeals

DecidedMay 26, 1971

DocketDocket No. 10017

StatusPublished

This text of 190 N.W.2d 738 (People v. Schleicher) 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. Schleicher, 190 N.W.2d 738, 34 Mich. App. 112, 1971 Mich. App. LEXIS 1574 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

June 1, 1970, represented by counsel and on the scheduled trial date, defendant plead[113]*113ed guilty to a second count added to the information that day on the oral motion of the prosecuting attorney with the approval of defendant’s counsel. The second count of the information charged defendant with a lesser offense than the first count. The plea was clearly a negotiated plea. Defendant was sentenced to prison.

Relying on People v. Taylor (1968), 9 Mich App 333, defendant contends on appeal that the plea procedure was reversibly faulty because the mandatory guidelines of Taylor were not followed. The guidelines referred to are the suggestions in Taylor that the record reflect the details of the plea negotiations and that inquiry was made as to defendant’s parole status and that he was advised of the effect of the plea on his parole status.

We reject defendant’s arguments on appeal for the following reasons:

1. The guidelines relied on were not mandatory.

2. People v. Taylor (1970), 383 Mich 338, reversed the Court of Appeals in Taylor, supra.

3. Defendant did not file a motion to withdraw his plea in the trial court. People v. Barron (1970), 27 Mich App 379.

Affirmed.

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Per Curiam.

June 1, 1970, represented by counsel and on the scheduled trial date, defendant plead[113]*113ed guilty to a second count added to the information that day on the oral motion of the prosecuting attorney with the approval of defendant’s counsel. The second count of the information charged defendant with a lesser offense than the first count. The plea was clearly a negotiated plea. Defendant was sentenced to prison.

Relying on People v. Taylor (1968), 9 Mich App 333, defendant contends on appeal that the plea procedure was reversibly faulty because the mandatory guidelines of Taylor were not followed. The guidelines referred to are the suggestions in Taylor that the record reflect the details of the plea negotiations and that inquiry was made as to defendant’s parole status and that he was advised of the effect of the plea on his parole status.

We reject defendant’s arguments on appeal for the following reasons:

1. The guidelines relied on were not mandatory.

2. People v. Taylor (1970), 383 Mich 338, reversed the Court of Appeals in Taylor, supra.

3. Defendant did not file a motion to withdraw his plea in the trial court. People v. Barron (1970), 27 Mich App 379.

Affirmed.

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Bluebook (online)

190 N.W.2d 738, 34 Mich. App. 112, 1971 Mich. App. LEXIS 1574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schleicher-michctapp-1971.

Opinion

1. The guidelines relied on were not mandatory.

Related

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