Legal Opinion

People v. McKendrick

Michigan Court of Appeals

Decided January 7, 1983No. Docket No. 59610Published

1Per curiam

Defendant pled guilty to second-degree murder, MCL 750.317; MSA 28.549. Defendant was sentenced to imprisonment for 20 to 40 years and appeals by right.

Reversal is required because the court failed to inform defendant at the plea-taking proceeding that he could not be placed on probation. GCR 1963, 785.7(l)(f); People v Rogers, 412 Mich 669; 316 NW2d 701 (1982). This error was not cured when the court later informed defendant at sentencing that he could not be placed on probation. The error was not cured because defendant’s plea had already been accepted at that time, because the court…

2Cases cited5 opinions

  1. People v. WestonMichigan Supreme Court · 1982
  2. People v. BurtonMichigan Supreme Court · 1976
  3. DeWitt Township v. Clinton CountyMichigan Court of Appeals · 1982
  4. People v. RogersMichigan Supreme Court · 1982
  5. People v. NeilMichigan Court of Appeals · 1980

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