People v. Atkins

Michigan Court of Appeals
People v. Atkins, 230 N.W.2d 443 (1975)
60 Mich. App. 380; 1975 Mich. App. LEXIS 1454
R.B. Burns, P.J., and T.M. Burns and R.M. Maher

People v. Atkins

Opinion

Per Curiam.

Defendant was charged with two armed robberies, MCLA 750.529; MSA 28.797. On *381 May 31, 1974, defendant entered a plea of guilty of unarmed robbery, MCLÁ 750.530; MSA 28.798, in both cases. Having been sentenced to concurrent terms of from 3 to 15 years in prison to run concurrently with his parole violation, defendant appeals.

During the plea proceedings, the following colloquy took place:

"The Court: I have in my possession two documents which are entitled 'Guilty Plea’ which purports to bear your signature. Tell the Court if that’s your signature.
"Defendant: Yes, sir.
"The Court: Have you read those documents, and do you understand them?
"Defendant: Yes, sir.
"The Court: They explain to you your constitutional and statutory rights in this Court of the cases pending against you.
"Defendant: Yes, sir.
"The Court: And you formerly executed these documents, is that right?
"Defendant: Right.”

GCR 1963, 785.7(1) provides that:

"The court shall not accept a plea of guilty or nolo contendere without first personally addressing the defendant and informing him of and determining that he understands the following: * * * ”

The rule clearly requires the trial judge to perspnally advise defendant ef his rights. People v Jones, 58 Mich App 231; 227 NW2d 297 (1975). The trial court, in this case, failed to adhere to this mandatory requirement. See People v Shekoski, 393 Mich 134; 224 NW2d 656 (1974).

Reversed and remanded for new trial.

Reference

Cited By
5 cases
Status
Published