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21 Mich. App. 222

175 N.W.2d 310

People v. Porchia

Michigan Court of Appeals

Decided January 29, 1970

Michigan Court of Appeals · decided 1970-01-29

Cited by 1 later decisions — most recently January 1970

Applies MI 768 § 768.35

Good law ✅— No negative treatment on recordhow we know

Decided 1970-01-29

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Per Curiam.

¶1By leave granted, defendant appeals Ms conviction and sentence for incest, MCLA § 750-.333 (Stat Ann 1954 Rev § 28.565). He was convicted on Ms plea of guilty, February 11, 1964. His appeal attacks the plea-taking procedure on several grounds, but we note only one because it mandates reversal.

¶2Neither the plea transcript nor the sentencing transcript contains any questioning of defendant to establish the crime and his participation therein., GCR 1963, 785.3, and - MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058) require such questioning; and failure to do so is reversible error. People v. Barrows (1959), 358 Mich 267.

¶3Reversed and remanded for such further proceedings as may be required.

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