Opinion
Docket No. 18656.
Decided June 27, 1974.
Appeal from Recorder's Court of Detroit, Samuel H. Olsen, J. Submitted Division 1 May 9, 1974, at Detroit. (Docket No. 18656.) Decided June 27, 1974.
John W. Taylor was convicted, on his plea of guilty, of assault with intent to do great bodily harm less than murder. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and John L. Thompson, Jr., Assistant Prosecuting Attorney, for the people.
Charles A. Haas, for defendant on appeal.
Defendant pled guilty to a charge of assault with intent to do great bodily harm less than murder. MCLA 750.84; MSA 28.279. He appeals his conviction.
Defendant alleges that the trial judge erred during the plea-taking proceeding when he failed to advise defendant of a right to a nonjury trial. He was advised of his right to trial by jury. The record reveals that the plea was taken on November 6, 1972, after the release of People v Jaworski, 387 Mich. 21; 194 N.W.2d 868 (1972), but before the promulgation of GCR 1963, 785.7.
Jaworski, supra, established that the defendant is entitled to be advised of his right to a jury trial, to confront his accusers, and of his privilege against self-incrimination. This Court in People v Eagan, 46 Mich. App. 377; 208 N.W.2d 219 (1973), interpreted Jaworski, supra, to mean that a defendant must be advised of both his right to jury trial and nonjury trial. While the new court rules under GCR 1963, 785.7 would require such advice, we are in disagreement with Eagan, supra, that Jaworski, supra, intended such a result. We prefer to adopt the reasoning of People v Graham, 39 Mich. App. 109, 111; 197 N.W.2d 312, 314 (1972), where the Court stated:
"There is no requirement that a trial court must specifically inform a defendant that by pleading guilty he waives his right to be tried by a judge sitting without a jury. People v Logan, 35 Mich. App. 600; [ 192 N.W.2d 650] (1971). See People v Robert A Smith, 35 Mich. App. 349; [ 192 N.W.2d 626] (1971)."
Graham, supra, was reaffirmed in the case of People v Piffer, 40 Mich. App. 419; 198 N.W.2d 907 (1972). It is also buttressed by the recent opinion of People v Kuchulan, 390 Mich. 701; 213 N.W.2d 95 (1973). That opinion has the clear impact of limiting the advice on waiver to the specific rights enumerated in Jaworski, supra, prior to the adoption of GCR 1963, 785.7.
We find no merit in defendant's remaining assignment of error.
Affirmed.