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PEOPLE v. RUSSELL

Docket No. 28424.

73 Mich. App. 628 (1977)

252 N.W.2d 533

PEOPLE v. RUSSELL

Michigan Court of Appeals.

Decided February 28, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Research, Training and Appeals, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

Monsey G. Wilson, for defendant on appeal.

Before: BRONSON, P.J., and ALLEN and D.E. HOLBROOK, JR., JJ.

PER CURIAM.

The question presented is whether we must automatically reverse a plea-based conviction where the trial judge failed to advise the defendant that a guilty plea would waive his right to be "presumed innocent". The court rule, GCR 1963, 785.7(1)(g)(iii), requires that the presumption of innocence be mentioned. We now must determine the consequences of a failure to comply with the court rule. We look for guidance to Guilty Plea Cases,

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