People v. Conville

On May 29, 1973, defendant pled nolo contendere to the charge of attempted sodomy. MCLA 750.92; MSA 28.287, MCLA 750.158; MSA 28.355. He was sentenced to three to five years in prison and appeals.

At the plea-taking proceedings the trial court, with defendant’s consent, read the preliminary examination transcript and relied solely upon that transcript to determine a factual basis for defendant’s plea. Defendant argues that this use of the transcript is reversible error.

The trial judge must establish a factual basis for a guilty plea prior to acceptance of that plea. People v Carlisle, 387 Mich…