People v. Girard

This case is submitted on the People’s motion to dismiss or affirm. Defendant was convicted, on a plea of guilty, of the crime of second degree murder (MCLA § 750.317 [Stat Ann 1954 Rev § 28.549]), and on July 1, 1968, he was sentenced to serve 50 to 60 years in prison. On February 11, 1969, defendant’s motion to withdraw the plea of guilty and set aside the conviction was denied. Appellate counsel was requested and a timely appeal was filed alleging that the court failed to comply with GCR 1963, 785.3(2), and that the sentence was excessive, constituting cruel and unjust punishment.

A…