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04/05/76 PEOPLE v. GARRICK SMITH

April 5, 1976

PEOPLE
v.
GARRICK SMITH



Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J.

Lesinski, C. J., and R. B. Burns and M. J. Kelly, JJ. M. J. Kelly, J., concurred. Lesinski, C. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Plea of Guilty -- Factual Basis -- Admissions -- Manslaughter.

There was sufficient factual basis for the acceptance of a guilty plea to manslaughter where the defendant admitted on the record that he had committed the crime and that he had stabbed two people, and although the record actually showed that four people were stabbed, only one of whom died, the record also showed that the defendant was the only person in possession of a knife.

Dissent by Lesinski, C. J.

2. -- Plea of Guilty -- Factual Basis -- Manslaughter -- Multiple Assaults -- Defendants' Admissions.

It is not necessary that a defendant detail on the record every essential element of a crime to which he pleads guilty, but there is not a sufficient factual basis for the acceptance of a plea of guilty to manslaughter where the offense involved three female stabbing victims, only one of whom died, the defendant admitted stabbing only one woman, and there is nothing in the record to indicate that the woman that defendant admitted stabbing was the decedent.

3. -- Plea of Guilty -- Inculpatory Inferences -- Speculations -- Factual Basis -- Avoidance of Duties -- Substantial Error.

A factual basis for the acceptance of a guilty plea exists if an inculpatory inference can reasonably be drawn by a jury from the facts admitted by the defendant even if an exculpatory inference could also be drawn and defendant asserts the latter is the correct inference; but mere speculation on the part of the trial court that the defendant committed the crime, without the establishment of a firm factual basis, calls into question the integrity of the plea-taking process and is an avoidance by the court of its mandated duties, constituting substantial error.

The opinion of the court was delivered by: Burns

Garrick G. Smith was convicted, on his plea of guilty, of manslaughter. Defendant appeals by leave granted.

The defendant appeals the trial court's denial of his motion to vacate his sentence and set aside his plea of guilty to the added count of manslaughter. MCLA 750.321; MSA 28.553. We affirm.

The court advised and informed the defendant of his rights, as provided by GCR 1963, 785.7.

While the court was taking the defendant's plea, the record indicates the following ...


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