People v. Hadley
People v. Hadley
Opinion of the Court
Defendant pled guilty to attempted breaking and entering of an occupied dwelling, MCL 750.110; MSA 28.305, MCL 750.92; MSA 28.287. Pursuant to a plea agreement, three other
On appeal, defendant challenges the validity of his plea on the ground that the trial court failed to inform him, prior to acceptance of his plea, that the minimum prison term of any sentence he received could not be diminished by parole or by allowances for good time, special good time, or special parole. Defendant pled guilty to a felony covered by Ballot Proposal B, MCL 791.233b; MSA 28.2303(3). He contends that the trial court failed to comply with GCR 1963, 785.7(l)(d) because it did not inform him of the Proposal B consequences of his plea.
Most panels of this Court that have addressed this question have declined to impose such a requirement on trial judges. See, e.g., People v Richards, 106 Mich App 16, 17; 307 NW2d 692 (1981), People v Solomon, 104 Mich App 695, 696-697; 305 NW2d 295 (1981).
Recently, however, in People v Lamarr Johnson, 111 Mich App 666; 314 NW2d 655 (1981), a panel of this Court held that failure to inform a defendant of the consequences of Proposal B is reversible error where a sentence bargain is involved.
Since Lamarr Johnson, some members of this Court have retreated from their opinion that the trial judge is required to inform a defendant of the sentencing consequences of Proposal B. See People v King, 111 Mich App 363; 314 NW2d 622 (1981). Upon reconsideration of the issue, in light of the fact that the court rules do not require the trial judge to inform defendant of all the sentencing consequences, Guilty Plea Cases, 395 Mich 96, 118; 235 NW2d 132 (1975), and the Supreme Court has not amended GCR 1963, 785.7 to require instruction on the implications of Proposal B, People v
We decline to extend the Lamarr Johnson rationale to situations involving only a plea bargain. Where a sentence bargain has been struck, it is much more important for a defendant to understand that he must serve every day of his minimum sentence.
Affirmed.
Dissenting Opinion
(concurring). While I concur to affirm, I respectfully indicate a preference for the reasoning in Judge Kaufman’s dissenting opinion in People v Lamarr Johnson, 111 Mich App 666; 314 NW2d 655 (1981). Furthermore, I disagree with the proposition that a failure to inform a defendant of Proposal B consequences, MCL 791.233b; MSA 28.2303(3), calls for reversal where a sentence bargain has been made with the trial court, and I note that the instant case does not present such a question.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.