People v. Grable

By his plea of guilty, defendant was convicted of violating MCLA 335.341(4)(b); MSA 18.1070(41)(4)(b). He was sentenced and he appeals.

Of the four issues raised on appeal, only one merits discussion. Appellate counsel, who was not trial counsel, requested a copy of the presentence report on the basis of People v McFarlin, 389 Mich 557; 208 NW2d 504 (1973), and GCR 1963, 785.12. This request was denied by the trial court, and defendant contends this denial was reversible error.

Defendant pleaded guilty September 22, 1972. The McFarlin decision was on June 28, 1973. GCR 1963, 785.12 was…