Legal Opinion

People v. Jones

Michigan Supreme Court

Decided February 23, 1981No. Docket 64356, 64357, 64815-64818PublishedCited by 37 opinions

1Per curiam

GCR 1963, 785.7(1) provides in part:

"Speaking directly to the defendant, the court shall tell him:
"(b) the maximum possible prison sentence for the offense;
"(d) the mandatory minimum prison sentence, if any, for the offense.”

These cases all involve, in varying degrees, a failure to comply with this rule. We adhere to the position announced in 1975 1 and reiterated in 1977 2 that a failure to comply with Rule 785.7(1), subds (b) and (d) requires that the resulting plea-based conviction be set aside. While it is clear that each of these guilty pleas involved "sentence bargaining” during which…

2Cases cited4 opinions

  1. In Re Guilty Plea CasesMichigan Supreme Court · 1975
  2. People v. ShekoskiMichigan Supreme Court · 1974
  3. People v. NicholsonMichigan Supreme Court · 1975
  4. People v. BeatyMichigan Court of Appeals · 1976

3Cited by37 opinions

  1. Vittitoe v. StateMississippi Supreme Court · 1990
  2. People v. BrownMichigan Supreme Court · 2012
  3. People v. RogersMichigan Supreme Court · 1982
  4. People v. JohnsonMichigan Supreme Court · 1982
  5. People v. WestMichigan Court of Appeals · 1982

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