People v. O'Connor

The defendant pled guilty on November 17, 1972, to breaking and entering. MCLA 750.110; MSA 28.305. He was sentenced to 2 to 10 years in prison on December 22, and appeals as of right. The defendant specifically waived counsel at plea-taking.1 At the time of sentencing he was not advised again of any right to counsel. Defendant raises one issue: Prior to the effective date of the present GCR 1963, 785.4(2) on June 1, 1973, did waiver of counsel at arraignment obviate the need to advise the defendant of his right to counsel at sentencing? The sole issue is whether the sentence should be…