People v. Cubitt

The defendant was charged with resisting arrest, MCLA § 750.479 (Stat Ann 1954 Rev § 28.747). The defendant, with retained counsel present, pled guilty to the charge.

The trial judge questioned the defendant and elicited an admission of guilt and a factual basis for the plea in compliance with GfCR 1963, 785.3(2) and MCLA § 768.35 (Stat Ann 1954 Rev §28.1058). However, at the time of sentencing, the defendnat’s statements regarding his actions when arrested Avere substantially different from Avhen he pled guilty. In fact, they indicated that he had promptly complied with the arresting…