People v. Riley

Defendant pled nolo contendere to the crime of attempted delivery of a controlled substance contrary to MCL 335.341; MSA 18.1070(41) and MCL 750.92; MSA 28.287. He was sentenced to a term of two to five years in prison and now appeals as of right.

The sole question on appeal is whether defendant’s nolo plea acted as a waiver of his right to challenge the legality of the search and seizure which produced the evidence against him. We hold that it does.

First, it should be noted that for purposes of the plea-waiver doctrine it is immaterial whether defendant pleads guilty or nolo contendere. See…