People v. Hewitt
People v. Hewitt
Opinion of the Court
On May 21, 1987, a complaint and warrant issued charging defendant with uttering and publishing. He was not arraigned in district court until December 3, 1987. On December 22, 1987, defendant stood mute to the charge. On January 8, 1988, defendant pled guilty to attempted uttering and publishing, MCL 750.249; MSA 28.446, MCL 750.92; MSA 28.287. He was subsequently sentenced to six months to five years imprisonment. In June, 1987, defendant had begun serving sentences on two unrelated convictions. Defendant now appeals as of right, contending that his attempted uttering and publishing conviction must be reversed because it was obtained in violation of the 180-day rule, MCL 780.131; MSA 28.969(1).
The people concede that more than 180 days passed between defendant’s incarceration and his plea and that a valid guilty plea does not waive any claimed error as to a 180-day-rule violation. People v Wolak, 153 Mich App 60; 395 NW2d 240 (1986); People v New, 427 Mich 482, 495-496; 398 NW2d 358 (1986). The people contend, however, that defendant’s conviction should be affirmed de
Conviction vacated and case remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.