Legal Opinion

People v. Harris

Michigan Court of Appeals

Decided September 11, 1997No. Docket 189962PublishedCited by 17 opinions

1Opinion of the CourtBandstra, P.J.

In return for the dismissal of a first-degree murder charge and other charges, defendant pleaded guilty of second-degree murder, MCL 750.317; MSA 28.549, and was sentenced to life in prison. On appeal, defendant argues that the trial court abused its discretion in denying his motion to withdraw the guilty plea and that his counsel was ineffective. We affirm.

There is no absolute right to withdraw a guilty plea once it has been accepted. People v Gomer, 206 Mich App 55, 56; 520 NW2d 360 (1994). When a defendant moves to withdraw his guilty plea before sentencing, the burden is on the defendant…

2Cases cited4 opinions

  1. People v. PickensMichigan Supreme Court · 1994
  2. People v. SpencerMichigan Court of Appeals · 1991
  3. People v. GravesMichigan Court of Appeals · 1994
  4. People v. MrozekMichigan Court of Appeals · 1985

3Cited by17 opinions

  1. Shanks v. WolfenbargerDistrict Court, E.D. Michigan · 2005
  2. People of Michigan v. Edward Duane Pointer-BeyMichigan Court of Appeals · 2017
  3. Adams v. BurtDistrict Court, E.D. Michigan · 2007
  4. Hoffman v. JonesDistrict Court, E.D. Michigan · 2001
  5. People v. WilhiteMichigan Court of Appeals · 2000

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