People v. Ryan

The defendant pleaded guilty to the offense of unlawfully driving away an automobile. CL 1948, § 750.413 (Stat Ann 1954 Rev § 28.645). Subsequent to sentence the court appointed counsel for post conviction proceedings. The court thereafter denied a motion to withdraw defendant’s plea of guilty and to grant a new trial.

Defendant’s claim of appeal is based upon an arg'ument that CL 1948, § 750.413 (Stat Ann 1954 Rev § 28.645) 1 and CL 1948, §750.414 (Stat Ann 1954 Rev § 28.646) 2 cover the same identical crimes but prescribe substantially different penalties. This asserted difference in…