Opinion
Docket No. 9630.
Decided April 28, 1971.
Appeal from Oakland, James S. Thorburn, J. Submitted Division 2 April 7, 1971, at Lansing. (Docket No. 9630.) Decided April 28, 1971.
Lance D. Niebel was convicted, on his plea of guilty, of larceny in a building. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas G. Plunkett, Prosecuting Attorney, and Frank R. Knox, Assistant Prosecuting Attorney, for the people.
John H. Kingsepp, for defendant on appeal.
Before: QUINN, P.J., and R.B. BURNS and McGREGOR, JJ.
On March 19, 1970, defendant, represented by counsel, pled guilty to larceny in a building. CL 1948, § 750.360 (Stat Ann 1954 Rev § 28.592).
On appeal defendant raises two assignments of error:
(1) that the magistrate abused his discretion in binding defendant over, and
(2) that the requirements of Boykin v. Alabama (1969), 395 U.S. 238 ( 89 S Ct 1709, 23 L Ed 2d 274) were not met because the trial court did not inform him of his privilege against self-incrimination before accepting the plea.
With regard to the defendant's first assignment of error, it is well-established that a defendant, by electing to plead guilty, effectively waives defects in the arraignment proceedings. People v. Patton (1970), 25 Mich. App. 713; People v. Bess (1968), 11 Mich. App. 109; People v. Robbins (1967), 6 Mich. App. 633.
Defendant's second assignment of error is also without merit. Since the record in the instant case shows that defendant's plea was understandingly and voluntarily made, it was not necessary that the defendant be informed of his privilege against self-incrimination before his plea was accepted. People v. Jaworski (1970), 25 Mich. App. 540, leave to appeal granted, 384 Mich. 766; see also People v. Sepulvado (1970), 27 Mich. App. 66; People v. Malcom (1970), 27 Mich. App. 205.
Conviction affirmed.