TaiLexi AI U.S. Case Law

People v. Grades

People v. Grades, 192 N.W.2d 655 (Mich. Ct. App. 1971)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Court of Appeals · State Appellate Courts
Decided
July 29, 1971
Docket
No. 10110
Judges
Burns, Fitzgerald, Holbrook
Citations
192 N.W.2d 65535 Mich. App. 3831971 Mich. App. LEXIS 1470
Cited by 5

Opinion — Per Curiam

Per Curiam.

Defendant was charged with the sale of narcotics contrary to MCLA § 335.152 (Stat Ann 1957 Bev § 18.1122) and possession of narcotics contrary to MCLA § 335.153 (Stat Ann 1957 Bev § 18.1123). He entered a plea of guilty to the possession charge and was sentenced. Defendant’s motion to withdraw the plea was denied. This appeal followed.

Defendant’s first contention is that his plea was involuntary because he only pled guilty to possession in order to avoid the possibility of the 20-year minimum sentence were he convicted on the sales count. This fact alone does not make defendant’s plea involuntary.

Brady v. United States (1970), 397 US 742 ( 90 S Ct 1463 , 25 L Ed 2d 747 ). A review of the record convinces us that defendant’s plea was otherwise knowingly, intelligently, understandingly, and voluntarily entered.

Secondly, defendant contends that MCLA § 335-.153 is unconstitutional because it does not specifically provide for scienter as a necessary element. However, it is clear from defendant’s responses to the trial court’s questioning that he knew marijuana was in his possession and that it was indeed marijuana. Accordingly, whether or not the statute specifically or impliedly requires scienter as a necessary element, it could not affect the instant defendant’s plea. Therefore, this allegation also is without merit.

The motion to affirm is granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1972: 11974: 11976: 11980: 11990: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. People v. Goins221 N.W.2d 187 (Mich. Ct. App. 1974)
  2. People v. Wright296 N.W.2d 46 (Mich. Ct. App. 1980)
  3. People v. Smith453 N.W.2d 257 (Mich. Ct. App. 1990)
  4. People v. Courts247 N.W.2d 325 (Mich. Ct. App. 1976)
  5. People v. Graham197 N.W.2d 312 (Mich. Ct. App. 1972)

Most recent

  1. People v. Smith453 N.W.2d 257 (Mich. Ct. App. 1990)
  2. People v. Wright296 N.W.2d 46 (Mich. Ct. App. 1980)
  3. People v. Courts247 N.W.2d 325 (Mich. Ct. App. 1976)
  4. People v. Goins221 N.W.2d 187 (Mich. Ct. App. 1974)
  5. People v. Graham197 N.W.2d 312 (Mich. Ct. App. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Brady v. United States, 397 U.S. 742 (1970) 5,834

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list