Public-domain · open source
OpenJurist

40 Mich. App. 417

198 N.W.2d 883

People v. Gray

Michigan Court of Appeals

Decided May 1, 1972

Michigan Court of Appeals · decided 1972-05-01

Cited by 1 later decisions — most recently May 1972

Applies MI 750 § 750.110

Good law ✅— No negative treatment on recordhow we know

Decided 1972-05-01

View the full empirical analysis of this case →

Per Curiam.

¶1Defendant Gray was convicted on his plea of guilty of breaking and entering an unoccupied dwelling. MCLA 750.110; MSA 28.305. He appeals as of right.

¶2*418Before accepting defendant’s plea of guilty, the trial court failed to inform him of his Federal constitutional privilege against self-incrimination secured by the Fifth Amendment.

¶3Failure of the trial court to advise the defendant of this right so as to effect a waiver thereof by his plea of guilty makes this plea infirm. See Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969); People v Jaworski, 387 Mich 21 (1972).

¶4We need not reach the other issue raised by defendant in view of our finding above.

¶5Reversed and remanded.

/40/michapp/417 · .json · Public domain