From Casetext: Smarter Legal Research

People v. Depifanio

Michigan Court of Appeals
Dec 17, 1991
192 Mich. App. 257 (Mich. Ct. App. 1991)

Opinion

Docket No. 138867.

Decided December 17, 1991, at 9:05 A.M.

Salvatore D. Palombo, for the defendant.

Before: SAWYER, P.J., and HOOD and REILLY, JJ.


Defendant pleaded guilty of delivery of marijuana. MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c). He was sentenced to two years' probation, with the first six months to be served while wearing an electronic tether. He now appeals and we affirm.

Defendant's sole argument on appeal is that he was denied his constitutional and statutory rights to a speedy trial. However, defendant tendered an unconditional plea of guilty, and an unconditional guilty plea waives a claim of violation of federal and Michigan constitutional rights to a speedy trial. US Const, Am VI; Const 1963, art 1, § 20. People v Smith, 438 Mich. 715; 475 N.W.2d 333 (1991) (concurring opinion of BOYLE, J., p 719, and dissenting opinion of BRICKLEY, J., p 730). Furthermore, for the same reasons that a claim of a violation of the constitutional right to a speedy trial is waived by an unconditional guilty plea, so is a claim of a violation of the statutory right to a speedy trial contained in MCL 768.1; MSA 28.1024, which we construe as merely enforcing the constitutional right to a speedy trial. Accordingly, we conclude that defendant waived appellate review of the issue presented on appeal when he tendered an unconditional guilty plea.

It should be noted that this statute is different than the statute that establishes the 180-day rule, MCL 780.131; MSA 28.969(1), which was at issue in Smith, supra, and which the Supreme Court did not conclude was waived by an unconditional guilty plea.

Affirmed.


Summaries of

People v. Depifanio

Michigan Court of Appeals
Dec 17, 1991
192 Mich. App. 257 (Mich. Ct. App. 1991)
Case details for

People v. Depifanio

Case Details

Full title:PEOPLE v DEPIFANIO

Court:Michigan Court of Appeals

Date published: Dec 17, 1991

Citations

192 Mich. App. 257 (Mich. Ct. App. 1991)
480 N.W.2d 616

Citing Cases

People v. Wynn

First, defendant's guilty plea waived appellate review of his claim that he was denied his constitutional…

People v. Williams

People v Vonins (After Remand), 203 Mich App 173, 176; 511 NW2d 706 (1993). Accordingly, while defendant…