People v. Heintzelman

Is reversal of a guilty plea required where the trial court expressly advises the defen dant that he has the right to have the prosecutor prove beyond a reasonable doubt that defendant is guilty but fails to inform the defendant of the GCR 1963, 785.7(1)(g)(iii) right to be presumed innocent? We answer this question in the affirmative and reverse.

The prosecution contends that the right to be presumed innocent is not a Jaworski-type right mandating reversal as a matter of constitutional law. People v Jaworski, 387 Mich 21; 194 NW2d 868 (1972). This being so, the prosecution concludes that…