People v. Thomas Smith

Defendant’s plea of guilty to the charge of uttering and publishing a forged instrument (MCLA § 750.249 [Stat Ann 1962 Rev § 28-.446]), was accepted in Macomb Circuit Court on October 2, 1969. The original sentencing proceeding was technically defective. At resentencing, on November 13,1970, defendant presented an oral motion to withdraw his guilty plea. The motion was denied and defendant was sentenced to serve a prison term of from 10 to 14 years. He presents this appeal as of right.

Of the numerous issues presented by defendant on appeal, we find merit in, and discuss, only one. At the time…