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02/09/76 PEOPLE v. NEAL

February 9, 1976

PEOPLE
v.
NEAL



Appeal from Genesee, John W. Baker, J.

Danhof, P. J., and D. E. Holbrook, Jr. and O'Hara,* JJ. O'Hara, J., concurred. D. E. Holbrook, Jr., J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Plea of Guilty -- Factual Basis -- Reasonable Inferences.

A factual basis for a guilty plea to assault with intent to rob and steal while armed was established by the defendant's statements at the guilty plea proceeding where the record indicates that the defendant might have been convicted at trial of the offense, based upon his description of his actions and the reasonable inferences that could be drawn therefrom.

Dissent by D.E. Holbrook, Jr., J.

2. Assault and Battery -- -- Intent to Rob and Steal -- Armed Assault -- Statutes.

The elements of the crime of assault with intent to rob and steal while armed are: (1) an assault, (2) an intent to commit a larceny from a person through fear and violence, and (3) being armed with a dangerous weapon (MCLA 750.89; MSA 28.284).

3. Assault and Battery -- -- Intent to Rob and Steal -- Armed Assault.

To constitute the crime of assault with intent to rob and steal while armed, it is the general rule that the assault must occur simultaneously with the intent to rob; however, an exception to this rule exists in Michigan where the assault occurs during flight contemporaneous to a theft without force.

4. -- Inferences.

Inferences may be drawn from established facts; but inference may not be built upon inference.

5. -- Plea of Guilty -- Factual Basis -- Assault and Battery -- Intent to Rob and Steal -- Armed Assault.

A factual basis for assault with intent to rob and steal while armed was not established at a guilty plea proceeding where all that the defendant admitted to was that he drew a gun on a man and refused to return the man's money, and where, to establish the elements of the crime, the finder of fact must infer that the defendant had ...


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