People v. Wilkins

Michigan Court of Appeals

People v. Wilkins

181 N.W.2d 281, 25 Mich. App. 235

CourtMichigan Court of Appeals

DecidedOctober 28, 1970

DocketDocket 8,307

StatusPublished

Cited by5 cases

This text of 181 N.W.2d 281 (People v. Wilkins) 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. Wilkins, 181 N.W.2d 281, 25 Mich. App. 235 (Mich. Ct. App. 1970).

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Opinion

Pee Cueiam.

In May 1969, defendant George Wilkins was convicted upon his plea of guilty of the crime of possession of a stolen motor vehicle contrary to MCLA § 257.254 (Stat Ann 1968 Rev § 9.1954). He was sentenced by the court to a term of from seven to ten years in prison. Defendant was represented by appointed counsel at both his preliminary examination and in the trial court.

*236 Defendant now raises three issues which he feels require reversal.

Defendant asserts that there was no proper waiver of his right to a preliminary examination. Any defect in the preliminary examination was waived by the properly accepted guilty plea. People v. Warner (1969), 17 Mich App 1.

Defendant asserts that MCLA § 257.254 is violative of Const 1963, art 4, § 24. We can find no reasonable reading of the statute that would support that assertion.

Defendant asserts that his guilty plea was not properly accepted, in that the trial court did not comply with all the requirements of Boykin v. Alabama (1969), 395 US 238 (89 S Ct 1709, 23 L Ed 2d 274). The requirements of Boykin, supra, are not to be applied retrospectively. People v. Taylor (1970), 23 Mich App 595; People v. Butler (1970), 23 Mich App 643. The guilty plea of the defendant was freely, understandingly and voluntarily made. People v. Winegar (1968), 380 Mich 719.

There was no error shown on the part of the trial court.

Affirmed.

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Pee Cueiam.

In May 1969, defendant George Wilkins was convicted upon his plea of guilty of the crime of possession of a stolen motor vehicle contrary to MCLA § 257.254 (Stat Ann 1968 Rev § 9.1954). He was sentenced by the court to a term of from seven to ten years in prison. Defendant was represented by appointed counsel at both his preliminary examination and in the trial court.

*236 Defendant now raises three issues which he feels require reversal.

Defendant asserts that there was no proper waiver of his right to a preliminary examination. Any defect in the preliminary examination was waived by the properly accepted guilty plea. People v. Warner (1969), 17 Mich App 1.

Defendant asserts that MCLA § 257.254 is violative of Const 1963, art 4, § 24. We can find no reasonable reading of the statute that would support that assertion.

Defendant asserts that his guilty plea was not properly accepted, in that the trial court did not comply with all the requirements of Boykin v. Alabama (1969), 395 US 238 (89 S Ct 1709, 23 L Ed 2d 274). The requirements of Boykin, supra, are not to be applied retrospectively. People v. Taylor (1970), 23 Mich App 595; People v. Butler (1970), 23 Mich App 643. The guilty plea of the defendant was freely, understandingly and voluntarily made. People v. Winegar (1968), 380 Mich 719.

There was no error shown on the part of the trial court.

Affirmed.

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181 N.W.2d 281, 25 Mich. App. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkins-michctapp-1970.

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