People v. Kenneth Johnson

On August 19, 1981, defendant pled nolo contendere to a charge of unarmed robbery, MCL 750.530; MSA 28.798, and was sentenced to from 7-1/2 to 15 years imprisonment. He appeals as of right.

GCR 1963, 785.7(3)(b)(ii) requires that the trial judge conduct a hearing to establish the factual basis for a defendant’s no contest plea. In the present case, the parties stipulated that the judge be allowed to use the police report to establish the factual basis. Defendant now argues that the trial court erred in using the police report to provide the factual basis. He claims that the court had a…