People v. Michelle

Defendant was charged with assault with a dangerous weapon, MCLA 750.82; MSA 28.277. He entered a nolo contendere plea to the charged offense in exchange for the dismissal of an unrelated concealed weapon charge and an agreement by the prosecutor not to charge him as an habitual offender. He was sentenced to a term of 2-1/2 to 4 years and appeals. •

Defendant claims that the trial court erred in relying upon the preliminary examination transcript to establish a factual basis for accepting defendant’s plea. This was not error. Where a nolo plea is appropriate, a factual basis for the plea may…