People v. Blazina
People v. Blazina
Opinion of the Court
Defendant entered a plea of nolo contendere to a charge of fourth-degree criminal sexual conduct, MCL 750.520e(l)(a); MSA 28.788(5)(l)(a). The plea was accepted by the trial court and defendant was sentenced to one year in the county jail on September 6, 1983. Defendant subsequently filed a delayed motion for a new trial and bond pending appeal. The trial court denied the motion for a new trial but granted defendant bond pending appeal. Defendant now appeals to this Court as of right.
Defendant was arraigned on June 6, 1983. On July 1, 1983, defendant was involved in a motorcycle accident. He suffered injuries, including head injuries, which resulted in "some amnesia * * * that was very selective and appeared to follow a
Defendant now appeals to this Court claiming that the trial court erred in refusing to allow him to withdraw his plea after the sentence was imposed. Defendant claims that his amnesia prevented him from making a defense and that somehow this prevented him from making a knowing and voluntary plea. He claims that the court abused its discretion in refusing to allow him to set aside his plea and that the trial court failed to adequately state why the nolo contendere plea was appropriate.
We find defendant’s position lacks merit. While the plea of nolo contendere has come under some
Defendant also suggests that the trial court failed to state with specificity why a nolo contendere plea was appropriate in this case. Our reply is drawn from Seaman, supra, p 550:
"Just as a judge’s determination that a guilty plea has been freely, understandingly and voluntarily made may be concluded from acceptance of the plea even though the judge makes no separate finding, we can conclude herein that the court accepted this valid reason as justification for this plea of nolo contendere.” (Footnote omitted.)
The record before us makes clear that the nolo contendere plea was appropriate in this case
Finally, defendant suggests that the plea should be set aside because he no longer suffers from amnesia and has recovered his memory. He contends he is now able to make a defense and should be allowed to do so at trial. This position was apparently offered to the trial court as part of a motion for a new trial. It appears that defendant is essentially challenging the factual basis of his plea. We note that the record establishes an adequate factual basis as shown by the exhibits admitted by stipulation. Defendant now claims his recovery enables him to establish his innocence through his reacquired memory. The law does not recognize this as a basis for setting aside his plea. By pleading nolo contendere a defendant waives his right to challenge nonjurisdictional defects in the prior proceedings, People v Riley, 88 Mich App 727; 279 NW2d 303 (1979); People v Hill, 86 Mich App 706; 273 NW2d 532 (1978). Furthermore, as noted in Kenneth Johnson, supra, the stipulations were properly used to establish the factual basis for the plea. We are also unable to find from the record before us that defendant’s inability to remember the events surrounding the crime in any way affected his ability to freely, voluntarily, knowingly and intentionally enter into the plea. Defendant’s conviction is therefore affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.