PEOPLE v. THOMAS SMITH

Docket No. 10709.

37 Mich. App. 264 (1971)

194 N.W.2d 561

PEOPLE v. THOMAS SMITH

Michigan Court of Appeals.

Decided November 29, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Stephen F. Osinski, Assistant and Prosecuting Attorney, for the people.

Max D. McCullough, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and FITZGERALD and LEVIN, JJ.


PER CURIAM.

Defendant's plea of guilty to the charge of uttering and publishing a forged instrument (MCLA § 750.249 [Stat Ann 1962 Rev § 28.446]), was accepted in Macomb Circuit Court on October 2, 1969. The original sentencing proceeding was technically defective. At resentencing, on November 13, 1970, defendant presented an oral motion to withdraw his guilty plea. The motion was denied and defendant was sentenced to serve a prison term of from 10 to 14...

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