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01/08/76 PEOPLE v. THOMAS

January 8, 1976

PEOPLE
v.
THOMAS



Appeal from Berrien, Julian E. Hughes, J.

Leave to appeal denied, 396 Mich .

T. M. Burns, P. J., and V. J. Brennan and M. F. Cavanagh, JJ. M. F. Cavanagh, J., concurred. T. M. Burns, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Plea of Guilty -- Withdrawal of Plea -- Coercion.

A motion to withdraw a guilty plea, made at the sentencing proceedings, should be granted where the defendant can show coercion beyond mere allegation.

2. -- Plea of Guilty -- Withdrawal of Plea -- Coercion -- Hearing on Issue -- Discretion of Judge.

A defendant who moves to withdraw an allegedly coerced guilty plea is entitled to a hearing on the issue of coercion; if there is evidence of coercion, the trial court shall exercise its discretion with great liberality to determine whether the plea should be set aside.

Dissent by T. M. Burns, P. J.

3. -- Plea of Guilty -- Withdrawal of Plea.

A defendant's motion to withdraw a guilty plea, made before sentencing, should be granted where the request is not obviously frivolous.

4. -- Plea of Guilty -- Withdrawal of Plea -- Right to Trial.

A defendant who has moved to withdraw his guilty plea prior to sentencing is entitled to a trial, not a hearing on the grounds for the motion, where ...


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