People v. Cannoy

On March 28, 1982, defendant pled nolo contendere to attempted breaking and entering with intent to commit felonious assault, MCL 750.110, 750.92; MSA 28.305, 28.287. On January 3, 1983, he was sentenced to a term of 40 to 60 months incarceration.

Defendant pled nolo contendere because he had no recollection of the incident due to his ingestion of intoxicating alcohol and drugs. On appeal he argues that the factual basis for the plea was inadequate because the prosecutor failed to introduce evidence to negate the intoxication defense and therefore the element of intent could not be…