People v. Stevens
People v. Stevens
Opinion of the Court
Defendant was convicted by a jury of unarmed robbery, MCL 750.530; MSA 28.798. He subsequently pled guilty to a supplemental information charging him as a habitual offender pursuant to MCL 769.12; MSA 28.1084 and was sentenced to a prison term of 15 to 30 years. He now appeals as of right.
On July 20, 1976, a lone gunman entered Val’s Pizzeria in Brighton, Michigan, and demanded that the contents of the cash register be placed in his hat. The gunman fled the store and entered a red Chevrolet Nova, which left the area. This car was spotted by Trooper Gary Groth of the Michigan State Police and he pursued and stopped the vehicle. After a back-up unit arrived, the occupants were told to leave the car. The officers then
At trial, defendant objected to the admission of various exhibits offered by the prosecution on the ground that there were breaks in the chain of custody. The trial court overruled the objection. We find no error in the trial court’s ruling. The fact that there are breaks in the chain of custody does not require that the evidence be excluded. To be admissible, the prosecution must merely lay a foundation identifying the articles as what they are purported to be and showing that they are connected with the crime or the accused. People v Kremko, 52 Mich App 565, 573; 218 NW2d 112 (1974), People v Burrell, 21 Mich App 451, 456-457; 175 NW2d 513 (1970). In the present case there was sufficient evidence of the exhibits’ identity and connection to the crime to support their admission at trial.
As the dissent points out, unlike a regular criminal information, a supplemental information charging defendant as a habitual offender does not charge a defendant with a separate crime, but instead provides for enhanced punishment for the current conviction. People v Hendrick, 398 Mich 410; 247 NW2d 840 (1976). This distinction is not determinative.
Perhaps the most appropriate method of addressing the question of the applicability of the guilty plea rule in these situations is to compare a
The habitual offender proceeding is similar to a probation revocation hearing in that in neither case is defendant charged with a criminal offense, and in both situations the proceeding is concerned with a fairly narrow factual issue. At this point, however, the similarities end.
The habitual offender proceeding, like an ordinary criminal trial, is a critical stage of a criminal prosecution. See People v Johnson, 386 Mich 305; 192 NW2d 482 (1971), People v Burton, 44 Mich App 732; 205 NW2d 873 (1973).
Taking all these factors into consideration, it seems clear that the habitual offender proceeding is much closer to a regular criminal trial than a probation revocation hearing, and also that a guilty plea to a habitual offender charge involves the waiver of substantial criminal trial rights not afforded a defendant at a probation revocation hearing. For these reasons, the guilty plea rule should apply to habitual offender proceedings. To hold otherwise merely because the proceeding does not technically charge defendant with any crime appears to exalt form over substance. A defendant pleading guilty to a recidivist charge is waiving substantial rights and is subjecting himself to the possibility of enhanced punishment. From the defendant’s point of view such a charge is no different from any other criminal charge. In order to establish that the plea is intelligently, understandingly, and voluntarily given, compliance with GCR 1963, 785.7 is required.
Because the sentencing consequences can be more severe than the individual convictions upon which the habitual offender charge is premised, it is imperative that the defendant understand his rights when pleading guilty to the habitual charge.
We realize that People v Parker, 50 Mich App 537; 213 NW2d 576 (1973), held that a defendant need not be informed of his Jaworski rights
Defendant’s conviction for unarmed robbery is affirmed. His guilty plea to the recidivist charge is vacated, and the case is remanded for further proceedings consistent with this opinion.
The pistol was identified by the robbery victim as similar to that used by the robber and was identified by police officers as the pistol found in the car and placed in the box. The menu card was identified by a pizzeria employee as one used at the store. The hat was identified by the robbery victim as similar to that used by the robber and was further identified by police officers as the hat found in the car. The envelopes were identified by the officers as those in which the money found in the hat and in the car had previously been placed. Furthermore Chief Eugene Alii of the Brighton State Police Post testified that he retained custody of all eight exhibits commencing July 23, 1976, with the exception of one day when they were subjected to tests at the State Police laboratory.
"If at any time after conviction and either before or after sentence it shall appear that a person convicted of a felony has previously been convicted of crimes as set forth in any of the 3 foregoing sections, the prosecuting attorney of the county in which such conviction was had, in his discretion, may file a separate or supplemental information in such cause accusing the said person of such previous convictions. Whereupon the court in which such conviction was had shall cause the said person whether confined in prison or otherwise, to be brought before it and shall inform him of the allegations contained in such information, and of his right to be tried as to the truth thereof according to law, and shall require such offender to say whether he is the same person as charged in such information or not If he says he is not the same person, or remains silent, the court shall enter a plea of not guilty, and a jury of 12 jurors shall be empanelled from the petit jurors serving at the then or a following term of said court to determine the issues raised by such information and plea. The accused may waive trial by jury in the manner provided by this act. The usual practice in the trial of criminal cases shall be followed * * (Emphasis added.) MCL 769.13; MSA 28.1085.
Since these cases hold that sentencing is a critical stage and the habitual offender proceeding is a procedure for determining what sentence defendant is to be given, see Hendrick, supra, it necessarily follows that the habitual offender proceeding is a critical stage of the criminal prosecution.
This Court realizes that whenever it mandates requirements for the trial court to follow, an extra burden is thrust upon the trial court’s already burgeoning dockets. However, considering compliance with the guilty plea rule is required before accepting a plea to even a six-month misdemeanor (GCR 1963, 785.10), it is not reasonable to ask the trial courts to spend a few extra minutes to comply with the guilty plea rule before it accepts a habitual offender plea which could subject defendant to life imprisonment.
Since we perceive no set of facts under which a defendant could be further charged as a recidivist or have his probation or parole revoked as a result of pleading guilty to a habitual offender charge, subsections (c) and (e) of GCR 1963, 785.7(1) need not be followed.
In People v Jaworski, 387 Mich 21; 194 NW2d 868 (1972), the Michigan Supreme Court held that before a trial court could accept defendant’s guilty plea, it must inform the defendant of his right to' trial by jury, his right to confront his accusers, and his privilege against self-incrimination.
Dissenting Opinion
(dissenting). Defendant was con
Stated simply, the issue to be resolved is whether GCR 1963, 785.7 applies to proceedings under MCL 769.13; MSA 28.1085. GCR 1963, 785.7 is silent as to whether it applies to habitual offender proceedings. This silence is ambiguous. A defendant at a habitual offender proceeding is pleading to a supplemental information and this, at first glance, tends to support the conclusion that this proceeding is a stage of a criminal prosecution to which GCR 1963, 785.7 applies. However, this information does not charge defendant with committing a criminal offense, but rather, it merely informs the court of the fact of defendant’s prior convictions, see People v Shotwell, 352 Mich 42; 88 NW2d 313 (1958), cert den 356 US 976; 78 S Ct 1141; 2 L Ed 2d 1149 (1958), People v Palm, 245 Mich 396; 223 NW 67 (1929). Also, Justice Levin’s concurring opinion in People v Rial, 399 Mich 431, 438; 249 NW2d 114 (1976), which describes GCR 1963, 785.7 as "governing acceptance of an accused person’s plea of guilty to an information charging commission of a criminal offense”, supports the
The idea that proceedings under the habitual offender provisions do not charge a crime separate from the current felony charge has long been recognized, see Graham v West Virginia, 224 US 616; 32 S Ct 583; 56 L Ed 917 (1912), People v Hendrick, supra, People v Hatt, 384 Mich 302; 181 NW2d 912 (1970), People v Shotwell, supra, People v Judge of Recorder’s Court, 251 Mich 626; 232 NW 402 (1930), People v Fountain (After Rem), 77 Mich App 71; 257 NW2d 671 (1977), People v Holbrook, 60 Mich App 628; 231 NW2d 469 (1975), People v Ungurean, 51 Mich App 262; 214 NW2d 873 (1974). The placement of the habitual offender provisions in the Code of Criminal Procedure, MCL 760.1 et seq.; MSA 28.841 et seq., rather than in the Penal Code, MCL 750.1 et seq.; MSA 28.191 et seq., reflects this idea, see People v Shotwell, supra.
Under the original statute,
Although this procedure does not grant defendant the full panoply of rights guaranteed in proceedings charging the commission of a separate criminal offense,
Considering that the habitual offender provisions do not charge defendant with a separate criminal offense but only provide for the enchancement of punishment for the current offense, People v Hendrick, supra, and that advice on the full panoply of rights constitutionally guaranteed in the trial of a criminal offense is not constitutionally required in habitual offender proceedings, People v Parker, supra, and the limited scope of
Another important similarity to People v Rial,
In summary, I conclude that GCR 1963, 785.7 does not apply to proceedings under MCL 769.13; MSA 28.1085. This conclusion is based on the recognized principle that the habitual offender provisions do not create a separate offense but rather provide for the enhancement of punishment for the current offense. This conclusion is also supported by the procedure established by MCL 769.13; MSA 28.1085 for resolving the limited issues involved in habitual offender proceedings. It is undisputed that the judge in this case fully complied with the procedures under MCL 769.13; MSA 28.1085, and since defendant does not claim that his admissions of the previous convictions and the waiver of his right to trial by jury were not knowingly, voluntarily or understanding^ made, I would affirm the conviction.
1915 CL 15612, 15613; 1897 CL 11785, 11786; 1857 CL 5948, 5949.
See People v Judge of Recorder’s Court, 251 Mich 626; 232 NW 402 (1930), People v Palm, 245 Mich 396; 223 NW 67 (1929); People v Holbrook, 60 Mich App 628; 231 NW2d 469 (1975); People v Ungurean, 51 Mich App 262; 214 NW2d 873 (1974).
People v Jaworski, 387 Mich 21; 194 NW2d 868 (1972).
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