People v. Walma

Michigan Court of Appeals

People v. Walma

198 N.W.2d 922, 40 Mich. App. 479, 1972 Mich. App. LEXIS 1168

Michigan Court of Appeals·Decided May 5, 1972·No. Docket No. 12374·Published

Opinion

Memorandum Opinion. Defendant is before this Court for the second time.

He was originally convicted of statutory rape (MCLA 750.520; MSA 28.788), which conviction was reversed and remanded for new trial. People v Walma, 26 Mich App 326 (1970).

Thereafter defendant was again charged with statutory rape and also with taking indecent liberties with a child under 16 (MCLA 750.336; MSA 28.568). Defendant pled guilty to the latter count and was sentenced to serve 7-1/2 to 10 years.

Defendant now claims that he was sentenced for rape, not for taking indecent liberties, and that the trial court, in sentencing, should have been limited to a consideration of defendant’s testimony at arraignment. The latter claim is clearly contrary to settled law. People v Losinger, 331 Mich 490 (1951); People v Giacalone, 23 Mich App 163 (1970). This Court will reverse a sentence which is within the statutory maximum only in the most extraordinary circumstances. People v Pate, 2 Mich App 66 (1965).

Affirmed.

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Memorandum Opinion. Defendant is before this Court for the second time.

He was originally convicted of statutory rape (MCLA 750.520; MSA 28.788), which conviction was reversed and remanded for new trial. People v Walma, 26 Mich App 326 (1970).

Thereafter defendant was again charged with statutory rape and also with taking indecent liberties with a child under 16 (MCLA 750.336; MSA 28.568). Defendant pled guilty to the latter count and was sentenced to serve 7-1/2 to 10 years.

Defendant now claims that he was sentenced for rape, not for taking indecent liberties, and that the trial court, in sentencing, should have been limited to a consideration of defendant’s testimony at arraignment. The latter claim is clearly contrary to settled law. People v Losinger, 331 Mich 490 (1951); People v Giacalone, 23 Mich App 163 (1970). This Court will reverse a sentence which is within the statutory maximum only in the most extraordinary circumstances. People v Pate, 2 Mich App 66 (1965).

Affirmed.

People v. Walma, 198 N.W.2d 922, 40 Mich. App. 479, 1972 Mich. App. LEXIS 1168 (Mich. Ct. App. 1972).

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Opinion

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