People v. Smith

Defendant appeals his plea-based conviction of assault with intent to commit criminal sexual conduct in the second degree, MCL 750.520g(2); MSA 28.788(7)(2).

Defendant’s only claim on appeal is that he was not informed that he was waiving his right to remain silent and that no adverse inference could be drawn from his refusal to testify. It is true that the record does not reveal an explicit query from the trial judge as to whether the defendant expressly waived his right to remain silent at trial.

The record also reveals that defendant admitted having been advised of all of his rights by his…