People v. Sullivan

Michigan Court of Appeals

People v. Sullivan

196 N.W.2d 2, 38 Mich. App. 208, 1972 Mich. App. LEXIS 1568

CourtMichigan Court of Appeals

DecidedJanuary 26, 1972

DocketDocket 11593

StatusPublished

Cited by1 cases

This text of 196 N.W.2d 2 (People v. Sullivan) 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. Sullivan, 196 N.W.2d 2, 38 Mich. App. 208, 1972 Mich. App. LEXIS 1568 (Mich. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

The defendant appeals his plea-based conviction of possession of narcotics. MCLA 335.153; MSA 18.1123. We affirm.

The defendant contends that his plea was involuntary. It is well settled that a claim that a plea is not voluntary, not supported by the record, must first be raised in the trial court by an appropriate motion. People v Horvath, 25 Mich App 649 (1970); People v Dorner, 24 Mich App 306 (1970); People v Minson, 24 Mich App 692 (1970); People v Kenny Smith, 20 Mich App 307 (1969); People v Bartlett, 17 Mich App 205 (1969).

The defendant contends that his admission of guilt was equivocal. This contention is not supported by the record.

The defendant contends that he did not validly waive his right to trial by jury. The record shows that the defendant was aware of his right to trial by jury, and therefore, he waived that right by pleading guilty. People v Patterson, 25 Mich App 246 (1970), People v Sage, 30 Mich App 150 (1971). Defendant argues that MCLA 763.3; MSA 28.856 requires that a waiver of a jury trial be in writing. By its terms this statute applies only to trial by a judge and has no application to a guilty plea.

Affirmed.

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Per Curiam.

The defendant appeals his plea-based conviction of possession of narcotics. MCLA 335.153; MSA 18.1123. We affirm.

The defendant contends that his plea was involuntary. It is well settled that a claim that a plea is not voluntary, not supported by the record, must first be raised in the trial court by an appropriate motion. People v Horvath, 25 Mich App 649 (1970); People v Dorner, 24 Mich App 306 (1970); People v Minson, 24 Mich App 692 (1970); People v Kenny Smith, 20 Mich App 307 (1969); People v Bartlett, 17 Mich App 205 (1969).

The defendant contends that his admission of guilt was equivocal. This contention is not supported by the record.

The defendant contends that he did not validly waive his right to trial by jury. The record shows that the defendant was aware of his right to trial by jury, and therefore, he waived that right by pleading guilty. People v Patterson, 25 Mich App 246 (1970), People v Sage, 30 Mich App 150 (1971). Defendant argues that MCLA 763.3; MSA 28.856 requires that a waiver of a jury trial be in writing. By its terms this statute applies only to trial by a judge and has no application to a guilty plea.

Affirmed.

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Bluebook (online)

196 N.W.2d 2, 38 Mich. App. 208, 1972 Mich. App. LEXIS 1568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sullivan-michctapp-1972.

Opinion

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