People v. Hill

The defendant was charged with breaking and entering an occupied dwelling house with intent to commit larceny therein. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305). While represented by retained counsel, he waived the preliminary examination and pled guilty to attempted breaking and entering of an occupied dwelling house with intent to commit larceny therein. MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). He was sentenced to a term of three and one-half to five years in prison.

Appointed appellate counsel filed a delayed motion for a new trial and an evidentiary hearing to determine the…