From Casetext: Smarter Legal Research

People v. Smith

Supreme Court of Michigan
Nov 28, 1977
402 Mich. 72 (Mich. 1977)

Summary

In People v. Smith, 402 Mich. 72; 259 N.W.2d 558 (1977), the Supreme Court held that this appeal as of right included a criminal defendant who pleaded guilty to criminal charges.

Summary of this case from People v. Perks

Opinion

Docket No. 60236.

Decided November 28, 1977.

On application by defendant for leave to appeal the Supreme Court, in lieu of granting leave to appeal, reinstated the defendant's appeal and remanded to the Court of Appeals for further consideration.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Carl Ziemba for defendant.


The majority of the Court of Appeals panel in this case and in People v Webb, 75 Mich. App. 494; 255 N.W.2d 661 (1977), believes that there is no appeal as a matter of right from a plea-based conviction. We disagree.

Const 1963, art 1, § 20, states in pertinent part: "In every criminal prosecution, the accused shall have * * * an appeal as a matter of right."

The appellate courts of this state have, until recently, consistently interpreted this language to guarantee an appeal as a matter of right from a plea-based conviction. Our review of those decisions, together with § 20's constitutional history and the plain meaning of its language, convinces us of the correctness of this interpretation.

See 1 Official Record, Constitutional Convention 1961, pp 469, 562-568.

Pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals order dismissing defendant's appeal for lack of jurisdiction is vacated. Defendant's appeal to the Court of Appeals is reinstated and the case is remanded to the Court of Appeals for consideration of the issue raised. We retain no jurisdiction.

KAVANAGH, C.J., and WILLIAMS, LEVIN, COLEMAN, FITZGERALD, RYAN, and BLAIR MOODY, JR., JJ., concurred.


Summaries of

People v. Smith

Supreme Court of Michigan
Nov 28, 1977
402 Mich. 72 (Mich. 1977)

In People v. Smith, 402 Mich. 72; 259 N.W.2d 558 (1977), the Supreme Court held that this appeal as of right included a criminal defendant who pleaded guilty to criminal charges.

Summary of this case from People v. Perks

In People v Smith, 402 Mich. 72, 73; 259 N.W.2d 558 (1977), the Supreme Court stated that a defendant did have a right to appeal a guilty plea conviction.

Summary of this case from People v. Forte
Case details for

People v. Smith

Case Details

Full title:PEOPLE v SMITH

Court:Supreme Court of Michigan

Date published: Nov 28, 1977

Citations

402 Mich. 72 (Mich. 1977)
259 N.W.2d 558

Citing Cases

People v. Xenakis

At the time defendant committed the crimes at issue, and also at the time he entered his pleas, defendants…

People v. Richardson

Therefore, defendant need not show good cause or actual prejudice as prerequisites to a grant of relief.…