People v. Peters
People v. Peters
Opinion of the Court
Defendant pled guilty to receiving and concealing stolen property of a value in excess of $100, MCL 750.535; MSA 28.803. Defendant was sentenced to imprisonment for two to five years, and he appeals as of right.
"The Court: Okay. Would you tell me what you did that you think you’re guilty of? What did you do?
"Defendant: Breaking into my mother’s house.
"The Court: Breaking into your mother’s house?
"Defendant: Property — possession of silver and clothes.
"The Court: Okay. Did you know at the time you did this that it was, in fact, stolen property?
"Defendant: Yes, I did.
"The Court: Okay. And when did this happen?
"Defendant: Ten six, eighty-one.
"The Court: October 6th of 1981. And where did this happen?
"Defendant: At 1108 Miner.
"The Court: At 1108 Miner in the City of Ann Arbor, Michigan?
"Defendant: Yeah.
"The Court: Okay. Was this property worth more than $100?
"Defendant: Yes, it was.”
Defendant argues that the foregoing was insufficient to support his plea. In Guilty Plea Cases, 395 Mich 96, 130; 235 NW2d 132 (1975), the Court explained:
"A factual basis for acceptance of a plea exists if an inculpatory inference can reasonably be drawn by a jury from the facts admitted by the defendant even if an exculpatory inference could also be drawn and defendant asserts the latter is the correct inference.”
Defendant first argues that the factual basis elicited was insufficient to establish the value of the property. However, this argument is without merit in view of defendant’s express admission
The record shows that defendant pled guilty in return for a promise that he would not receive a harsher sentence than imprisonment for 1-1/2 to 5 years. The sentence defendant received did not comply with this agreement. Where defendant’s plea is induced by an unkept promise, the Court has discretion to choose between vacating the plea or ordering specific performance of the plea agreement as the appropriate remedy, with defendant’s choice of remedy being accorded considerable
Affirmed in part and remanded for further proceedings consistent with this opinion.
Concurring Opinion
(concurring). The instant scenario is difficult to distinguish from that occurring in People v Kyllonen, 402 Mich 135, 150; 262 NW2d 2 (1978), a non-guilty plea case, in which the Supreme Court inferred, without actually holding, that a factfinder must find beyond a reasonable doubt that the defendant was not the thief in order to convict him of receiving and concealing stolen property. I am convinced that a defendant’s non-theft of the property involved should not be an essential element of the offense of receiving and concealing stolen property. Accord, People v Wolak, 110 Mich App 628, 634; 313 NW2d 174 (1981), lv den 414 Mich 940 (1982). I do not believe, therefore, that the import of Kyllonen to guilty-plea proceedings is a requirement that a plea-taking court satisy itself on the record that defendant was not the thief by asking him whether he himself stole the property that he is charged with possessing.
The essential question is whether the defendant’s statements in the instant case established support for a finding that he is guilty of the charged offense. See GCR 1963, 785.7(3)(a). Since defendant’s statements do establish support for a
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