People v. Lee
People v. Lee
Concurring Opinion
(concurring in result only). I agree that under the present facts defendant’s plea-based conviction must be set aside. I do not agree with the majority opinion insofar as it holds that a detailed guilty plea form such as that executed by defendant in the case at bar can never be utilized to remedy the failure of a plea-taking judge to inform a defendant orally of one or another of the rights enumerated under GCR 1963, 785.7(1)(g) or 785.7(2).
In the case at bar, the lower court did not ascertain from defendant all of the elements of voluntary manslaughter and thus failed to establish an adequate factual basis for the crime to which defendant pled. GCR 1963, 785.7(3)(a). In addition, the judge neglected to apprise defendant personally of many of the rights set forth in subrule 785.7. The cumulative magnitude of these errors compels reversal.
However, if the sole error in this case had been
Opinion of the Court
Defendant pled guilty in the Oakland County Circuit Court to a charge of manslaughter. MCL 750.321; MSA 28.553. Imposition of sentence was delayed for approximately 11 months. Defendant was ultimately sentenced to serve a term of imprisonment of from 7-1/2 to 15 years.
We find the second issue raised by defendant to be dispositive and reverse his conviction. The plea-taking court did not personally apprise defendant of most of the rights he would be waiving by his plea of guilty, as mandated by GCR 1963, 785.7. The omitted rights included all of the Jaworski
Reversed and remanded.
People v Jaworski, 387 Mich 21; 194 NW2d 868 (1972).
We note that Atkins relied on People v Shekoski, 393 Mich 134; 224 NW2d 656 (1974), as support for its holding. While the Shekoski holding that strict, literal compliance with GCR 1963, 785.7 is always required was overruled by Guilty Plea Cases, 395 Mich 96, 113; 235 NW2d 132 (1975), we agree with the Napier panel that exclusive reliance on plea forms does not constitute adequate compliance with the court rule.
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