People v. Johnson

On June 21, 1974, defendant was jury-convicted of unlawful possession of heroin, MCL 335.341(4)(a); MSA 18.1070(41)(4)(a) and subsequently sentenced to three years probation. At the time of sentencing, he was not orally informed of his right to appeal, although he did sign a written form acknowledging that right. Later, at a probation violation hearing, the trial judge reviewed the record with defendant and counsel and extended his right to appeal 60 additional days from September 28, 1978. Defendant promptly filed this appeal.

Defendant contends that resentencing is mandated because he was…