People v. Whitmer

Defendant requested of the trial court, before sentencing, to withdraw his plea of guilty to the included offense of attempted breaking and entering. * Defendant appeals from the denial of his request.

At the time of his request, the defendant stated to the court that the reason for his guilty plea was that he had been told that his younger brother would receive lenient consideration in a similar charge, which the brother did receive.

The Michigan Supreme Court said in People v. Bencheck (1960), 360 Mich 430:

“Generally, it is considered that there is no absolute right to withdrawal of a guilty…