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PEOPLE v. BRATTON

Docket No. 13739.

46 Mich. App. 1 (1973)

207 N.W.2d 437

PEOPLE v. BRATTON

Michigan Court of Appeals.

Decided March 28, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

Norton Rosin, for defendant on appeal.

Before: HOLBROOK, P.J., and FITZGERALD and VAN VALKENBURG, JJ.

Leave to appeal denied, 389 Mich. 814.

HOLBROOK, P.J.

Defendant was charged on an information filed November 1, 1966, with forcible rape, sodomy, and gross indecency. He pled guilty January 11, 1968, to a lesser charge of assault with intent to rape. We have cause to discuss essentially two issues on defendant's appeal here.

First, defendant requests us to retroactively apply the holding of Boykin v Alabama, 395 U.S. 238

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