Opinion
Docket No. 10005.
Decided April 2, 1971.
Appeal from Ogemaw, Allan C. Miller, J. Submitted February 23, 1971, at Grand Rapids. (Docket No. 10005.) Decided April 2, 1971.
Rodney Merrill Turrill was convicted, on his plea of guilty, of receiving and concealing stolen property. Defendant appeals. Motion to affirm granted.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William H. Schaiberger, Prosecuting Attorney, for the people.
Raymond L. King, for defendant on appeal.
Before: R.B. BURNS, P.J., and HOLBROOK and T.M. BURNS, JJ.
By his plea of guilty, defendant was convicted of receiving and concealing stolen property, contrary to MCLA § 750.535 (Stat Ann 1971 Cum Supp § 28.803.) The people have filed a motion to affirm that conviction. GCR 1963, 817.5(3).
It is manifest that the questions presented, on which decision of the cause depends, are so unsubstantial as to need no argument or formal submission.
Defendant was not required to establish by his own testimony each of the elements of the offense. People v. Donald T. Moore (1970), 21 Mich. App. 150; People v. Melvin (1969), 18 Mich. App. 652; People v. Bartlett (1969), 17 Mich. App. 205. The record contains a factual basis for the truth of the plea. Bartlett, supra. The trial court did explain to defendant his right to a trial by jury. The court was under no obligation sua sponte to inquire whether defendant had previously offered out-of-court admissions or confessions. People v. Osterhout (1970), 25 Mich. App. 238. Finally, the assertion that defendant's plea was involuntary because of unfulfilled plea-bargaining promises by the prosecuting attorney cannot be made for the first time on appeal. People v. Horvath (1970), 25 Mich. App. 649; People v. Minson (1970), 24 Mich. App. 692; People v. Dorner (1970), 24 Mich. App. 306; People v. Kenny Smith (1969), 20 Mich. App. 307.
Motion to affirm is granted.