People v. Walker

Michigan Court of Appeals

People v. Walker

255 N.W.2d 658, 75 Mich. App. 552, 1977 Mich. App. LEXIS 1134

CourtMichigan Court of Appeals

DecidedMay 4, 1977

DocketDocket 28989

StatusPublished

Cited by7 cases

This text of 255 N.W.2d 658 (People v. Walker) 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. Walker, 255 N.W.2d 658, 75 Mich. App. 552, 1977 Mich. App. LEXIS 1134 (Mich. Ct. App. 1977).

Pincite

Opinions

M. F. Cavanagh, P. J.

Defendant and his wife were charged with delivery of phencyclidine, MCLA 335.341(1)(b); MSA 18.1070(41)(1)(b), and conspiracy to violate the Controlled Substances Act, MCLA 750.157a; MSA 28:354(1). Defendant and the prosecutor struck a plea bargain: the prosecutor would move to nolle prosequi the case against the defendant’s wife and the conspiracy count against defendant if defendant would plead guilty to the lesser included offense of attempted delivery. That bargain was executed, and defendant was sentenced to 2 to 3-1/2 years in prison. He appeals as of right.

Defendant argues that since his plea bargain encompassed a promise of leniency for his spouse, we should find his plea involuntary as a matter of law. The controlling authority holds otherwise:

[554]*554"While a promise of leniency for a relative does not in itself amount to coercion so as to make a guilty plea involuntary as a matter of law, we recognize that it may render a plea involuntary as a matter of fact.” People v James, 393 Mich 807, 808; 225 NW2d 520 (1975).

People v James, supra, and People v Freddie Harris, 394 Mich 841 (1975), establish that even where the defendant has failed to move to withdraw his plea before bringing an appeal, the appellate court should remand upon request to the trial court for an evidentiary hearing. We find People v James, supra, indistinguishable from this case, and remand for a hearing on the voluntariness of defendant’s plea. We retain jurisdiction.

R. B. Burns, J., concurred.

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M. F. Cavanagh, P. J.

Defendant and his wife were charged with delivery of phencyclidine, MCLA 335.341(1)(b); MSA 18.1070(41)(1)(b), and conspiracy to violate the Controlled Substances Act, MCLA 750.157a; MSA 28:354(1). Defendant and the prosecutor struck a plea bargain: the prosecutor would move to nolle prosequi the case against the defendant’s wife and the conspiracy count against defendant if defendant would plead guilty to the lesser included offense of attempted delivery. That bargain was executed, and defendant was sentenced to 2 to 3-1/2 years in prison. He appeals as of right.

Defendant argues that since his plea bargain encompassed a promise of leniency for his spouse, we should find his plea involuntary as a matter of law. The controlling authority holds otherwise:

[554]*554"While a promise of leniency for a relative does not in itself amount to coercion so as to make a guilty plea involuntary as a matter of law, we recognize that it may render a plea involuntary as a matter of fact.” People v James, 393 Mich 807, 808; 225 NW2d 520 (1975).

People v James, supra, and People v Freddie Harris, 394 Mich 841 (1975), establish that even where the defendant has failed to move to withdraw his plea before bringing an appeal, the appellate court should remand upon request to the trial court for an evidentiary hearing. We find People v James, supra, indistinguishable from this case, and remand for a hearing on the voluntariness of defendant’s plea. We retain jurisdiction.

R. B. Burns, J., concurred.

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Bluebook (online)

255 N.W.2d 658, 75 Mich. App. 552, 1977 Mich. App. LEXIS 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-michctapp-1977.

Opinions

M. F. Cavanagh, P. J.

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