Opinion
Docket No. 8,647.
Decided August 28, 1970.
Appeal from Recorder's Court of Detroit, Robert J. Colombo, J. Submitted Division 1 August 4, 1970, at Detroit. (Docket No. 8,647.) Decided August 28, 1970.
Phil Seales was convicted, on his plea of guilty, of attempted larceny from the person. Defendant appeals. People's motion to affirm granted.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Gerard A. Poehlman, Assistant Prosecuting Attorney, for the people.
Armand D. Bove, for defendant on appeal.
Before: T.M. BURNS, P.J., and R.B. BURNS and FITZGERALD, JJ.
Defendant while represented by counsel pled guilty to the included offense of attempted larceny from a person contrary to MCLA § 750.92 (Stat Ann 1962 Rev § 28.287); MCLA § 750.357 (Stat Ann 1954 Rev § 28.589). On June 9, 1969, defendant was sentenced to a term of two to five years imprisonment by Judge Robert J. Colombo of the Recorder's Court. With the assistance of court-appointed appellate counsel, defendant has timely filed a claim of appeal grounded solely on the contention that the lower court erred in accepting the plea, having failed to examine the defendant as to the facts of the crime and his participation therein contrary to the rule enunciated in People v. Barrows (1959), 358 Mich. 267. The people have filed a motion to affirm the conviction.
A review of the record discloses a preliminary examination transcript which establishes the crime and defendant's participation therein. With this information at hand, it is clear that the trial court had a factual basis for the plea. People v. Bartlett (1969), 17 Mich. App. 205; People v. Combs (1968), 15 Mich. App. 450.
The motion to affirm is granted.