Summary
In People v Wilson, 78 Mich. App. 307, 308; 259 N.W.2d 356 (1977), the Court of Appeals reversed the defendant's conviction where the record did not establish that the trial court had advised him of his right to be presumed innocent until proved guilty beyond a reasonable doubt.
Summary of this case from People v. SaffoldOpinion
Docket No. 29003.
Decided August 17, 1977.
Appeal from Recorder's Court of Detroit, Robert L. Evans, J. Submitted December 15, 1976, at Detroit. (Docket No. 29003.) Decided August 17, 1977.
Terry Wilson was convicted, on his plea of guilty, of receiving and concealing stolen property. Defendant appeals. Reversed and remanded.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training Appeals, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.
Leonard Townsend, for defendant on appeal.
Before: R.M. MAHER, P.J., and V.J. BRENNAN and N.J. KAUFMAN, JJ.
On March 5, 1976, defendant Terry Wilson pled guilty to an added count of receiving and concealing stolen property, contrary to MCLA 750.535; MSA 28.803. Originally charged with felony murder and armed robbery, defendant was allowed to plead to the added count in exchange for testimony against codefendants in the same incident. On April 26, 1976, defendant was sentenced to 2-1/2 to 5 years in prison. On appeal, defendant argues that reversible error occurred due to the failure of the trial court to properly advise him of the presumption of innocence incident to a jury trial.
GCR 1963, 785.7(1)(g) (iii) requires in a guilty plea proceeding that defendant be advised by the trial court of the right to be presumed innocent until proven guilty beyond reasonable doubt. See Guilty Plea Cases, 395 Mich. 96, 122-123, 125; 235 N.W.2d 132 (1975). We find no such advice in the plea-taking record.
Under the circumstances, the Supreme Court has held that a conviction may not stand:
"In Howell, defendant pled guilty to the reduced charge of larceny from a person. Defendant was not advised of the presumption of innocence as required by 785.7(1)(d)(ii). That right is at the core of our criminal process and fundamental to defendant's understanding of a trial." Guilty Plea Cases, supra at 125.
Reversed and remanded.