People v. Hooper

Defendant was originally charged with uttering and publishing contrary to MCLA 750.249; MSA 28.446. By agreement between defendant and the prosecuting attorney defendant pleaded guilty to the lesser-included offense of attempted uttering and publishing. He was sentenced and he appeals, asserting three alleged reversible errors, namely:

1. Denial of his request to withdraw his plea prior to its acceptance.

2. His plea was to an offense not proscribed by law.

3. The failure of the trial court to ascertain defendant’s affirmative acknowledgment of the plea bargain.

If it were not for alleged error…