People v. Smith

The majority of the Court of Appeals panel in this case and in People v Webb, 75 Mich App 494; 255 NW2d 661 (1977), believes that there is no appeal as a matter of right from a plea-based conviction. We disagree.

Const 1963, art 1, § 20, states in pertinent part: "In every criminal prosecution, the accused shall have * * * an appeal as a matter of right.”

The appellate courts of this state have, until recently, consistently interpreted this language to guarantee an appeal as a matter of right from a plea-based conviction. Our review of those decisions, together with § 20’s constitutional…