People v. Thornton

The Court of Appeals held that where a plea-based conviction is vacated by the trial court on the defendant’s motion for a new trial, the defendant may not be charged with a higher offense arising out of the same transaction. 70 Mich App 508; 246 NW2d 9 (1976). We agree.

I

Defendant, charged with second-degree murder, pled guilty to an added count of manslaughter on March 5, 1975. Two weeks later, on the day set for sentencing, substituted defense counsel filed a motion to withdraw the plea. The trial judge said: "If you want self-defense, I will grant your motion, and we will have a trial in…