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28 Mich. App. 597

People v. Stanton

Michigan Court of Appeals

Decided December 8, 1970

Michigan Court of Appeals · decided 1970-12-08

Decided 1970-12-08

Per Curiam.

¶1This is an appeal from a denial of a motion for a new trial.

¶2Defendant was arrested on October 17, 1968, in Baton County. A criminal warrant was issued on October 23, 1968, charging the defendant with breaking and entering with the intent to commit larceny, MOLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). Defendant was arraigned on October 31, 1968, and entered a plea of guilty to the charge; he was not represented by counsel at that arraignment. On November 21, 1968, defendant was sentenced to serve 1-1/2 to 10 years, with the recommendation that he be sent to the Michigan Training Unit. On February 24, 1970, defendant filed a motion to set aside the conviction, vacate sentence, and for a new trial. The motion was denied on March 12, 1970, and defendant filed a claim of appeal on March 23, 1970.

¶3Defendant contends that his waiver of assistance of counsel at the arraignment was not knowingly and intelligently done, due in large part to his youth (19 years of age).

¶4This contention has been before this Court before and we find now, as we have before, that it is without merit. People v. Schwarts (1967), 6 Mich App 581; People v. Schaffer (1966), 4 Mich App 192; People v. Wilson (1966), 5 Mich App 428.

¶5The lower court is affirmed.

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