People v. Wilson

Michigan Court of Appeals

People v. Wilson

259 N.W.2d 356, 78 Mich. App. 307, 1977 Mich. App. LEXIS 1196

CourtMichigan Court of Appeals

DecidedAugust 17, 1977

DocketDocket No. 29003

StatusPublished

Cited by3 cases

This text of 259 N.W.2d 356 (People v. Wilson) 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. Wilson, 259 N.W.2d 356, 78 Mich. App. 307, 1977 Mich. App. LEXIS 1196 (Mich. Ct. App. 1977).

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Opinion

Per Curiam.

On March 5, 1976, defendant Terry Wilson pled guilty to an added count of receiving [308]*308and concealing stolen property, contrary to MCLA 750.535; MSA 28.803. Originally charged with felony murder and armed robbery, defendant was allowed to plead to the added count in exchange for testimony against codefendants in the same incident. On April 26, 1976, defendant was sentenced to 2-1/2 to 5 years in prison. On appeal, defendant argues that reversible error occurred due to the failure of the trial court to properly advise him of the presumption of innocence incident to a jury trial.

OCR 1963, 785.7(l)(g) (iii) requires in a guilty plea proceeding that defendant be advised by the trial court of the right to be presumed innocent until proven guilty beyond reasonable doubt. See Guilty Plea Cases, 395 Mich 96, 122-123, 125; 235 NW2d 132 (1975). We find no such advice in the plea-taking record.

Under the circumstances, the Supreme Court has held that a conviction may not stand:

"In Howell, defendant pled guilty to the reduced charge of larceny from a person. Defendant was not advised of the presumption of innocence as required by 785.7(l)(d)(ii). That right is at the core of our criminal process and fundamental to defendant’s understanding of a trial.” Guilty Plea Cases, supra at 125.

Reversed and remanded.

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Per Curiam.

On March 5, 1976, defendant Terry Wilson pled guilty to an added count of receiving [308]*308and concealing stolen property, contrary to MCLA 750.535; MSA 28.803. Originally charged with felony murder and armed robbery, defendant was allowed to plead to the added count in exchange for testimony against codefendants in the same incident. On April 26, 1976, defendant was sentenced to 2-1/2 to 5 years in prison. On appeal, defendant argues that reversible error occurred due to the failure of the trial court to properly advise him of the presumption of innocence incident to a jury trial.

OCR 1963, 785.7(l)(g) (iii) requires in a guilty plea proceeding that defendant be advised by the trial court of the right to be presumed innocent until proven guilty beyond reasonable doubt. See Guilty Plea Cases, 395 Mich 96, 122-123, 125; 235 NW2d 132 (1975). We find no such advice in the plea-taking record.

Under the circumstances, the Supreme Court has held that a conviction may not stand:

"In Howell, defendant pled guilty to the reduced charge of larceny from a person. Defendant was not advised of the presumption of innocence as required by 785.7(l)(d)(ii). That right is at the core of our criminal process and fundamental to defendant’s understanding of a trial.” Guilty Plea Cases, supra at 125.

Reversed and remanded.

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Bluebook (online)

259 N.W.2d 356, 78 Mich. App. 307, 1977 Mich. App. LEXIS 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-michctapp-1977.

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