People v. Michael Jones

On December 18, 1975, defendant pled guilty to breaking and entering, MCLA 750.110; MSA 28.305. He was sentenced to 5 to 10 years in prison and appeals as of right.

Defendant argues on appeal that the trial court erred in failing to inform him that if he was previously convicted of a felony, his plea of guilty could subject him to prosecution as a habitual criminal. The transcript of the plea hearing reveals that the advice was not given.

GCR 1963, 785.7 provides in relevant part:

"Prior to accepting the plea, the court shall personally carry out subrules 785.7(1M4).

"(1) An Understanding Plea.…