Legal Opinion · Dissent

People v. Fields

Michigan Court of Appeals

Decided September 8, 1976No. Docket No. 26337Published

1DissentT. M. Burns, J.

Defendant pled nolo contendere to felonious assault.

Defendant claims on appeal that the trial court’s acceptance of the plea was reversibly erroneous for failure to comply with GCR 1963, 785.7(3)(d). I agree.

*234The court rule in effect at the time of the plea, GCR 1963, 785.7(3)(d), read in part as follows:

"[T]he court may not accept a plea of nolo contendere unless there has been or the judge thereupon conducts a hearing establishing substantial support for a finding that the defendant is in fact guilty of the charged offense or the offense to which he is offering the plea of nolo contendere *…

2Cases cited2 opinions

  1. People v. CurryMichigan Court of Appeals · 1973
  2. People v. SpannMichigan Court of Appeals · 1975

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