People v. Bullock
People v. Bullock
Opinion of the Court
Defendant, originally charged with breaking and entering a building with the intent to commit larceny therein (MCLA 750.110; MSA 28.305), proffered and the court accepted a reduced plea to attempted breaking and entering a building with the intent to commit larceny therein (MCLA 750.92; MSA 28.287, MCLA 750.110; MSA 28.305). Following sentence, defendant appeals as of right.
The sole issue raised on appeal is whether defendant was denied a reasonable opportunity to advise the court of any circumstances that he believed the court should consider in imposing sentence. GCR 1963, 785.8(2). We have examined the transcript of the plea proceeding which disclosed that defendant’s counsel spoke for and on behalf of the defendant at the time of sentencing. Counsel indicated that he had had a discussion with defendant and his mother and indicated to the court what the defendant’s thoughts were in
Affirmed.
Dissenting Opinion
(dissenting). I must dissent. GCR 1963, 785.8(2) provides:
"Sentencing. Before sentence is imposed the court shall:
"(2) give defendant and his lawyer a reasonable opportunity to advise the court of any circumstances they believe the court should consider in imposing sentence;
"Provisions of subrule 785.8 are mandatory and failure to comply shall require resentencing.”
In the instant case, the transcript discloses that before imposing sentence the following transpired:
"THE CLERK: File number 75-07621, the People versus Ronald Bullock.
"MR. DAGGS: There is one matter that was before this Court which was here at the time he went before Judge Heading.
"The mother said that he was going to be offered a sentence because he was going to prison.
"THE COURT: Well, disregard that, and dismiss the probation.
"MR. DAGGS: All right, your Honor.
"Any leniency that you can give this young man — I think his mother, we have discussed it. I have talked with him. He knows he had a drug problem. He wants to clean this thing up.
"I think the young man can straighten himself out and be an asset to the society.
"THE COURT: It is the sentence of this Court that he*700 will receive from two and a half to five years in Jackson State Prison.”
I am unable to conclude that this was substantial compliance with the aforestated court rule; accordingly, I would remand for resentencing. See People v Jack Crawford, 66 Mich App 738; 239 NW2d 734 (1976).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.