People v. Byrd

In this action involving an otherwise satisfactory plea of nolo contendere two questions are presented: Is there sufficient compliance with MCR 6.101(F)(3)(b) where (1) a statement is made on the record by defense counsel, rather than by the court, of why the plea of nolo contendere is made, and (2) the trial court relies on a codefendant’s preliminary examination transcript to establish the factual basis for the offense to which the defendant pleads? That rule reads:

"If the defendant pleads nolo contendere, the court *626shall not question him or her about his or her participation in the crime.…