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PEOPLE v. HEINTZELMAN

Docket No. 75814.

142 Mich. App. 94 (1985)

368 N.W.2d 903

PEOPLE v. HEINTZELMAN

Michigan Court of Appeals.

Decided April 16, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

George S. Buth, for defendant on appeal.

Before: ALLEN, P.J., and R.B. BURNS and D.E. HOLBROOK, JR., JJ.

PER CURIAM.

Is reversal of a guilty plea required where the trial court expressly advises the defendant that he has the right to have the prosecutor prove beyond a reasonable doubt that defendant is guilty but fails to inform the defendant of the GCR 1963, 785.7(1)(g)(iii) right to be presumed innocent? We answer this question in the affirmative and reverse.

The prosecution contends that the right to be presumed...

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