People v. Rogers

The guilty-plea procedure requires that:

"Speaking directly to the defendant, the court shall tell him:

"(f) if the plea is to murder, armed robbery or treason, he cannot be placed on probation”. GCR 1963, 785.7(1).

The question in this case is whether it is reversible error for the plea-taking judge to have failed to advise the defendant that probation was unavailable, as Rule 785.7(l)(f) requires.

I

The defendant was charged with first-degree murder 1 and possession of a firearm during the commission of a felony. 2 He pled guilty to the felony-firearm count and of second-degree murder. 3 The…