Legal Opinion · Dissent

People v. Plato

Michigan Court of Appeals

Decided December 18, 1981No. Docket 53714Published

1DissentM. J. Kelly, J.

I believe that the possession of phencyclidine and LSD contrary to the different subsections of the same statute, MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b) and MCL 333.7403(2)(c); MSA 14.15(7403)(2)(c), was one transaction committed at one time with a single intent and goal. The small amounts of the drugs were found at the same time in the same container. Compare People v White, 390 Mich 245, 258; 212 NW2d 222 (1973), and Crampton v 54-A Dist Judge, 397 Mich 489, 499; 245 NW2d 28 (1976). The only real question here is whether defendant waived his right to a single trial when he pled guilty to…

2Cases cited8 opinions

  1. People v. GintherMichigan Supreme Court · 1973
  2. People v. GarciaMichigan Supreme Court · 1976
  3. People v. DegraffenreidMichigan Court of Appeals · 1969
  4. People v. WhiteMichigan Supreme Court · 1973
  5. Crampton v. 54-A District JudgeMichigan Supreme Court · 1976

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