Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Smart Summary

People v. Rogers, Docket No. 67548 (Supreme Court of Michigan, Dec. 1, 1982) — Summary

Factual and Procedural Background

The defendant was charged with first-degree murder and possession of a firearm during the commission of a felony. He pled guilty to the felony-firearm count and to second-degree murder. The plea-taking judge advised the defendant that second-degree murder was punishable by a maximum of life imprisonment, but did not inform the defendant that probation was unavailable as required by GCR 1963, 785.7(1)(f). The Court of Appeals, in an unpublished per curiam opinion issued June 9, 1981, set aside both guilty pleas because of the judge's failure to give the advice required by Rule 785.7(1)(f). The prosecutor sought leave to appeal to this Court; in lieu of granting leave to appeal, the Supreme Court affirmed the judgment of the Court of Appeals.

Legal Issues Presented

  1. Whether failure by the plea-taking judge to advise a defendant that probation is unavailable (as required by GCR 1963, 785.7(1)(f)) is reversible error.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Guilty Plea Cases, 395 Mich. 96; 235 N.W.2d 132 (1975) Explained the scope of the guilty-plea rule then in effect (judge must inform defendant of maximum sentence, any mandatory minimum, and certain parole/probation consequences); stated that noncompliance "may but does not necessarily require reversal." The Court observed that the earlier rule did not include a provision comparable to Rule 785.7(1)(f) and cited Guilty Plea Cases' approach to noncompliance as background for evaluating the present Rule 785.7(1)(f).
Hord (p 118) Example where failure to advise a defendant that probation was unavailable (in armed robbery) was raised and the conviction was affirmed. Used as a contrast to show earlier decisions where similar omissions did not necessarily result in reversal under pre-(1)(f) rules.
People v Jones, 410 Mich. 407; 301 N.W.2d 822 (1981) Established strict compliance requirement for Rule 785.7 subsections (1)(b) and (1)(d) regarding sentence-consequence advisals and imposed reversal as the sanction for noncompliance. The Court relied on Jones to justify treating subsection (1)(f) as "of the same stature" as (1)(b) and (1)(d) and adopted the same sanction (reversal) for noncompliance with (1)(f).
People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977) Representative Court of Appeals decision on noncompliance with Rule 785.7(1)(f). Cited among Court of Appeals decisions that have reached positions on whether noncompliance with (1)(f) requires reversal (illustrating conflicting positions in the Court of Appeals).
People v Earl Jones, 94 Mich. App. 232; 288 N.W.2d 385 (1979) Representative Court of Appeals decision on noncompliance with Rule 785.7(1)(f). Cited among Court of Appeals decisions that have reached positions on whether noncompliance with (1)(f) requires reversal (illustrating conflicting positions in the Court of Appeals).
People v Sylvester, 103 Mich. App. 499; 303 N.W.2d 230 (1981) Representative Court of Appeals decision on noncompliance with Rule 785.7(1)(f). Cited among Court of Appeals decisions that have reached positions on whether noncompliance with (1)(f) requires reversal (illustrating conflicting positions in the Court of Appeals).
People v Thalacker, 99 Mich. App. 372; 297 N.W.2d 670 (1980) Representative Court of Appeals decision on noncompliance with Rule 785.7(1)(f). Cited as part of the contrasting Court of Appeals authority on whether noncompliance with (1)(f) requires reversal.

Court's Reasoning and Analysis

The Court framed the central question as whether the plea-taking judge's failure to advise the defendant that probation is unavailable under GCR 1963, 785.7(1)(f) is reversible error. It reviewed prior authority and the development of Rule 785.7. The Court observed that the earlier decision in Guilty Plea Cases (395 Mich. 96) addressed a predecessor rule that did not include a provision comparable to the current subsection (1)(f) and had indicated that noncompliance with the rule "may but does not necessarily require reversal," depending on the nature of the noncompliance. The Court noted that in the appeal of Hord a failure to advise that probation was unavailable had been raised and the conviction affirmed under earlier standards.

The Court then emphasized that Guilty Plea Cases adopted a new Rule 785.7 which for the first time required in subsection (1)(f) advice on the unavailability of probation in certain cases. Since adoption of that rule, the Court of Appeals had issued conflicting decisions about whether noncompliance with (1)(f) requires reversal. The Supreme Court pointed to its recent insistence on strict compliance with other sentence-consequence subsections of Rule 785.7—specifically (1)(b) and (1)(d)—in People v Jones, where it imposed reversal for noncompliance. Concluding that subsection (1)(f) is "of the same stature" as those subsections, the Court decided to adopt the same sanction (reversal) for noncompliance with (1)(f).

On that basis, and pursuant to GCR 1963, 853.2(4), the Court affirmed the Court of Appeals' judgment setting aside the defendant's guilty pleas.

Holding and Implications

The Supreme Court affirmed the Court of Appeals' judgment and held that failure to comply with GCR 1963, 785.7(1)(f) — the requirement that the court advise a defendant that probation is unavailable for certain offenses — warrants reversal of the plea.

Implications: The direct consequence in this case is that the defendant's guilty pleas were set aside by the Court of Appeals and that judgment was affirmed. The Court treated subsection (1)(f) as equivalent in importance to subsections (1)(b) and (1)(d) and imposed the same sanction (reversal) for noncompliance; the opinion thereby resolves, at least in this instance, the question whether omission of the (1)(f) advisal requires reversal by imposing that sanction.


Opinion per curiam. COLEMAN, C.J., and KAVANAGH, WILLIAMS, LEVIN, FITZGERALD, RYAN, and BLAIR MOODY, JR., JJ., concurred.

PEOPLE v ROGERS

PER CURIAM.

The guilty-plea procedure requires that:

"Speaking directly to the defendant, the court shall tell him:

* * *

"(f) if the plea is to murder, armed robbery or treason, he cannot be placed on probation". GCR 1963, 785.7(1).

The question in this case is whether it is reversible error for the plea-taking judge to have failed to advise the defendant that probation was unavailable, as Rule 785.7(1)(f) requires.

I

The defendant was charged with first-degree murder and possession of a firearm during the commission of a felony. He pled guilty to the felony-firearm count and of second-degree murder. The judge advised the defendant that second-degree murder was punishable by a maximum of life imprisonment, but he did not tell the defendant that he could not be placed on probation.

MCL 750.316; MSA 28.548.

MCL 750.227b; MSA 28.424(2).

MCL 750.317; MSA 28.549.

In an unpublished per curiam opinion issued June 9, 1981, the Court of Appeals set aside both of the defendant's guilty pleas because of the judge's failure to give the advice required by Rule 785.7(1)(f). The prosecutor has pursued an appeal to this Court from that decision.

II

Guilty Plea Cases, 395 Mich. 96; 235 N.W.2d 132 (1975), does not answer the question posed here. The rule then being interpreted did not include a provision comparable to Rule 785.7(1)(f). As to sentence consequences, we said:

"The rule does not require the judge to inform the defendant of all sentence consequences — only the maximum sentence, any mandatory minimum and, as appears below, if he is on probation or parole, the possible effect on his status as a probationer or parolee.

"The rule reflects the extent to which this Court is willing to impose on the judge the obligation of informing the defendant of such consequences. A failure to impart the information so required by this subsection (b) will continue to require reversal." 395 Mich. 118.

In the appeal of Hord (p 118), the failure to advise a defendant who had pled guilty to a charge of armed robbery that he could not be placed on probation was specifically raised, and we affirmed Hord's conviction. In Guilty Plea Cases, however, we adopted a new Rule 785.7 which for the first time required in subsection (1)(f) advice on the unavailability of probation in certain cases: "The attention of the bench and bar is directed to the addition of new subsection (1)(c) and (1)(f) and new subdivisions (4) and (5)." 395 Mich. 137. We also said:

"Noncompliance with a requirement of Rule 785.7 may but does not necessarily require reversal.

"Whether a particular departure from Rule 785.7 justifies or requires reversal or remand for additional proceedings will depend on the nature of the noncompliance."

Since then, the Court of Appeals has reached conflicting positions on whether noncompliance with Rule 785.7(1)(f) requires reversal. We have insisted on strict compliance with two other subsections on sentence consequences, Rule 785.7(1), subds (b) and (d). People v Jones, 410 Mich. 407; 301 N.W.2d 822 (1981). The requirements of Rule 785.7 as to advice on sentence consequences represents our judgment that it is important that the defendant be advised of these sentence consequences before pleading guilty of an offense. We underscored this importance in Jones by imposing the sanction of reversal for noncompliance with (1)(b) and (1)(d); we believe (1)(f) is of the same stature and adopt the same sanction for noncompliance.

Compare People v Lendzian, 80 Mich. App. 323; 263 N.W.2d 360 (1977); People v Earl Jones, 94 Mich. App. 232; 288 N.W.2d 385 (1979); and People v Sylvester, 103 Mich. App. 499; 303 N.W.2d 230 (1981), with People v Thalacker, 99 Mich. App. 372; 297 N.W.2d 670 (1980).

In lieu of granting leave to appeal, pursuant to GCR 1963, 853.2(4), we affirm the Court of Appeals judgment.

COLEMAN, C.J., and KAVANAGH, WILLIAMS, LEVIN, FITZGERALD, RYAN, and BLAIR MOODY, JR., JJ., concurred.

Use AI to get other relevant cases.

Comments

PEOPLE v. ROGERS
(Mar 1, 1982)