People v. Sepulvado
This text of 183 N.W.2d 327 (People v. Sepulvado) 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.
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The defendant was charged with robbery armed, MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797) and assault with intent to murder, MCLA § 750.83 (Stat Ann 1962 Rev § 28.278). At his arraignment on April 30, 1969 the defendant, while represented by counsel, stood mute and the court then entered a plea of not guilty, as required by statute, MCLA § 767.37 (Stat Ann 1954 Rev §28.977).
On August 1, 1969 the people moved to dismiss the robbery armed charge, and the defendant, while represented by counsel, pled guilty to the other count. On September 17, 1969 the defendant was sentenced to a term of 3 to 15 years in prison.
The only question on appeal is whether the trial court complied with the constitutional requirements in accepting a plea as stated in the case of Boykin v. Alabama (1969), 395 US 238 (89 S Ct 1709, 23 L Ed 2d 274).
The defendant argues that the Boykin decision requires on the record statements waiving (1) the privilege against compulsory self-incrimination, (2) the right to trial by jury, and (3) the right to confront one’s accusers. The record contains a statement waiving the right to trial by jury, but there is no statement specifically waiving the other two constitutional rights.
It is clear from the testimony at the time the guilty plea was taken that there was full compliance by the trial judge with the statutory and court rule requirements relative to accepting pleas of guilty, CL 1948, § 768.35 (Stat Ann 1954 Rev § 28.1058) and GCR 1963, 785.3. Recent decisions of the Michigan [69]*69Supreme Court in People v. Hobdy (1968), 380 Mich 686, People v. Dunn (1968), 380 Mich 693, People v. Stearns (1968), 380 Mich 704, and People v. Winegar (1968), 380 Mich 719, settle the validity of the trial judge’s acceptance of the defendant’s plea unless, as argued, the later decision in Boykin v. Alabama, supra, requires additional interrogation by the trial judge.
This Court has previously held that Boykin does not apply retroactively. People v. Taylor (1970) 23 Mich App 595; People v. Butler (1970), 23 Mich App 643.
Since the oral argument in this case we have addressed the question of what application, if any, Boykin has to Michigan criminal cases. An extensive analysis and discussion was set forth in People v. Jaworski (1970), 25 Mich App 540, and we consider that case to be controlling here. Boykin does not require the specific enumeration and waiver of the three Federal constitutional rights listed before a guilty plea can be accepted. It does hold that waiver cannot be presumed from a silent record. Like Jaworski, the record in this case is not silent as to the voluntariness of the plea.1
[70]*70The dissenting opinion in this case places some reliance upon People v. Ferguson (1970), 383 Mich [71]*71645, which affirmed by an equally divided court. The affirming opinion in the Ferguson case held that the defendant should have been advised of the maximum sentence to which he exposed himself by a guilty plea. In the present case the record demonstrates that Mr. Sepulvado was specifically advised by the court that the maximum penalty that could be imposed if he pled guilty was life imprisonment. Additionally, defense counsel stated on the record that he had talked to Mr. Sepulvado “at great length concerning his constitutional rights.”
The record supports the trial court’s finding that the guilty plea was freely, understandingly and voluntarily made without compulsion or duress of any kind.
Affirmed.
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Cite This Page — Counsel Stack
183 N.W.2d 327, 27 Mich. App. 66, 1970 Mich. App. LEXIS 1278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sepulvado-michctapp-1970.