PEOPLE v. BURT

Docket No. 8869.

29 Mich. App. 275 (1970)

185 N.W.2d 207

PEOPLE v. BURT

Michigan Court of Appeals.

Decided December 10, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Paul M. Ladas, Prosecuting Attorney, and William A. Sundquist, Assistant Prosecuting Attorney, for the people.

White, Spaniola, Knudsen & Stariha (by Denis V. Potuznik), for defendant.

Before: FITZGERALD, P.J., and McGREGOR and O'HARA, JJ.


O'HARA, J.

The precise and only question presented by this appeal is whether the trial judge may accept a plea of guilty and thereafter, upon his own motion, vacate it and require the defendant to stand trial on a charge more serious than that to which he had previously entered the plea.

Defendant and two others were arraigned together under a single count information charging robbery armed.

The prosecutor moved to amend the information to include...

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