Michigan Court of Appeals, 1972

People v. Sullivan

People v. Sullivan
Michigan Court of Appeals · Decided January 26, 1972 · Danhof, Burns, O'Hara
196 N.W.2d 2; 38 Mich. App. 208; 1972 Mich. App. LEXIS 1568 (North Western Reporter, Second Series)

People v. Sullivan

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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