Opinion
Docket No. 7,728.
Decided July 1, 1970. Leave to appeal denied August 27, 1970. 383 Mich. 824.
Appeal from St. Clair, Stanley C. Schlee, J. Submitted Division 2 June 8, 1970, at Lansing. (Docket No. 7,728.) Decided July 1, 1970. Leave to appeal denied August 27, 1970. 383 Mich. 824.
Kenneth R. Maxwell was convicted, on his plea of guilty, of forgery. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Walter W. Turton, Prosecuting Attorney, and Donald P. Neumann and Gerald W. Edson, Assistant Prosecuting Attorneys, for the people.
Anthony M. Bonadio, for defendant on appeal.
Defendant pled guilty to a charge of forgery, CL 1948, § 750.248 (Stat Ann 1962 Rev § 28.445), and was sentenced to serve 5 to 14 years in prison. He appeals.
After having pled guilty and prior to sentencing, the defendant moved to withdraw his plea of guilty, asserting that his attorney had induced him to plead guilty, having said that his case was "hopeless." Defendant now assigns as error the trial court's refusal to allow him to withdraw his plea.
Defendant makes the unsupported allegation that his attorney's statement prompted his plea; furthermore, there is no corroboration that such statement was ever made and the record belies his allegations. This is not sufficient to invalidate an otherwise exemplary criminal procedure. See People v. Mayfield (1969), 16 Mich. App. 680, 681. The rule is well established that there is no absolute right on the part of the accused to withdraw a plea of guilty. People v. Zaleski (1965), 375 Mich. 71; People v. Whitmer (1969), 16 Mich. App. 703. Withdrawal rests within the sound discretion of the court and is not reversed unless there is an abuse. See People v. Pulliam (1968), 10 Mich. App. 481. Furthermore, defendant herein makes no assertion of innocence, nor that there was a miscarriage of justice. People v. Dunn (1968), 380 Mich. 693; People v. Winegar (1968), 380 Mich. 719.
Conviction affirmed.