People v. Wilson
People v. Wilson
Opinion of the Court
On March 5, 1976, defendant Terry Wilson pled guilty to an added count of receiving
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.
Reference
- Full Case Name
- PEOPLE v. WILSON
- Cited By
- 3 cases
- Status
- Published