People v. Kotesky

Defendant pleaded guilty of attempted uttering and publishing, MCL 750.92; MSA 28.287; MCL 750.249; MSA 28.446, and was sentenced to two years’ probation, with the first nine months to be served in jail. Defendant appeals as of right, arguing that she should have been charged under a more specific statute and that her conviction therefore is invalid. We disagree.

We initially note that assertions that a charge is brought under an inapplicable statute are not waived by a plea of guilty. People v New, 427 Mich 482, 492; 398 NW2d 358 (1986); People v Beckner, 92 Mich App 166; 285 NW2d 52 (1979).

It…