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27 Mich. App. 684

People v. Ellison

Michigan Court of Appeals

Decided October 30, 1970

Michigan Court of Appeals · decided 1970-10-30

Decided 1970-10-30

O’Hara, J.

¶1Defendant entered a plea of guilty to the charge of statutory rape, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788). From his conviction on the plea, defendant appeals of right.

¶2He was originally charged on an information with both kidnapping and statutory rape. It was alleged that he and two others had picked up a 14-year-old girl and had sexual relations with her. He stood mute as to both charges at the arraignment but later he entered a plea of guilty to Count I, charging statutory rape.

¶3We set forth what transpired before the court accepted his plea of guilty and the court’s examination of the defendant after the plea was entered.

“The Court: Now, Mr. Ellison, Count I, as you know, is statutory rape.
“Defendant Ellison: Yes.
“The Court: And, you have understood everything that I have told all of you gentlemen up to this moment?
“Defendant Ellison: Yes.
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*686“The Court: … And, are you pleading guilty because you are guilty of statutory rape?
“Defendant Ellison: Yes.
“The Court: And, you have had the opportunity of discussing this with your attorney so that you know what the elements of that charge are?
“Defendant Ellison: Yes.
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“The Court: … And, then, what happened then?
“Defendant Ellison: And, then, so, we had sexual relationship.
“The Court: Who did?
“Defendant Ellison: Me.
“The Court: And, where did you do this in the car?
“Defendant Ellison: In the back seat.
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“The Court: And, then, what happened?
“Defendant Ellison: And then I got back and had one.
“The Court: And, you went back a second time?
“Defendant Ellison: Yes.
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“The Court: … And, you know this girl, through your counsel, to be under the age of 16 years at the time that the offense occurred, isn’t that correct?
“Defendant Ellison: Yes.”

¶4If there is any infirmity in this plea of guilty, it is impossible to plead guilty effectively in this state.

¶5The appeal is totally without merit.

¶6Affirmed.

All concurred.
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