People v. Shell

Michigan Court of Appeals

People v. Shell

179 N.W.2d 262, 23 Mich. App. 593, 1970 Mich. App. LEXIS 1889

CourtMichigan Court of Appeals

DecidedApril 30, 1970

DocketDocket 7,768

StatusPublished

Cited by6 cases

This text of 179 N.W.2d 262 (People v. Shell) 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. Shell, 179 N.W.2d 262, 23 Mich. App. 593, 1970 Mich. App. LEXIS 1889 (Mich. Ct. App. 1970).

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Opinion

Per Curiam.

On January 23, 1958, defendant Samuel Shell tendered a plea of guilty to a charge of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). The court accepted his plea and sentenced him to life imprisonment. Defendant now files a delayed appeal, contending his plea is invalid because the court, in accepting the plea, did not establish its truth by direct questioning or otherwise. People v. Barrows (1959), 358 Mich 267; People v. Perine (1967), 7 Mich App 292; People v. Stearns (1968), 380 Mich 704.

OCR 1963, 785.3, as did its predecessor, Court Rule No 35A (1945) (318 Mich xxxix), requires the trial court to “examine the accused * * * and ascertain that the plea was freely, understandingly, and voluntarily made * * * ”. This language has been construed as requiring a “reasonable ascertainment of the truth of the plea”, People v. Barrows, supra. A “reasonable ascertainment of the truth of the plea” has, in turn, been construed to mean that a substantial factual basis for the plea must appear on the record. People v. Bartlett (1969), 17 Mich App 205; People v. Seifert (1969), 17 Mich App 187. We have reviewed the record in the present case and find nothing approximating a substantial factual basis for defendant’s plea. In view of the court’s total noncompliance with the court rule, we reverse and remand the case for withdrawal of the plea.

Reversed and remanded.

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Per Curiam.

On January 23, 1958, defendant Samuel Shell tendered a plea of guilty to a charge of second-degree murder. MCLA § 750.317 (Stat Ann 1954 Rev § 28.549). The court accepted his plea and sentenced him to life imprisonment. Defendant now files a delayed appeal, contending his plea is invalid because the court, in accepting the plea, did not establish its truth by direct questioning or otherwise. People v. Barrows (1959), 358 Mich 267; People v. Perine (1967), 7 Mich App 292; People v. Stearns (1968), 380 Mich 704.

OCR 1963, 785.3, as did its predecessor, Court Rule No 35A (1945) (318 Mich xxxix), requires the trial court to “examine the accused * * * and ascertain that the plea was freely, understandingly, and voluntarily made * * * ”. This language has been construed as requiring a “reasonable ascertainment of the truth of the plea”, People v. Barrows, supra. A “reasonable ascertainment of the truth of the plea” has, in turn, been construed to mean that a substantial factual basis for the plea must appear on the record. People v. Bartlett (1969), 17 Mich App 205; People v. Seifert (1969), 17 Mich App 187. We have reviewed the record in the present case and find nothing approximating a substantial factual basis for defendant’s plea. In view of the court’s total noncompliance with the court rule, we reverse and remand the case for withdrawal of the plea.

Reversed and remanded.

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Bluebook (online)

179 N.W.2d 262, 23 Mich. App. 593, 1970 Mich. App. LEXIS 1889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shell-michctapp-1970.

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