People v. Prehn

Defendant was charged with armed robbery. MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797). In the presence of counsel, he pled guilty to the included offense of assault with intent to rob while being armed. MCLA § 750.89 (Stat Ann 1962 Rev § 28.284).

On appeal, defendant refers to the sentencing transcript in which the following colloquy appears:

“The Court: Mr. Prehn, do you have anything to say before I impose sentence?

“Defendant Prehn: Yes, your Honor, I know this is a serious crime but I was drinking at the time and I don’t think circumstances show that I meant any malice in it. * * * I…