PEOPLE OF MI V HARRY LEE ROBERSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 4, 1997
Plaintiff-Appellee,
v
No. 191223
Kent Circuit Court
LC No. 94-003184-FH
HARRY LEE ROBERSON,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to attempted possession with intent to deliver less than fifty grams of
cocaine, MCL 750.92; MSA 28.287 and MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv), and
was sentenced to two years’ probation, with the first year to be served in the county jail. He appeals as
of right, asserting that his right to a speedy trial was violated. We affirm. This case has been decided
without oral argument pursuant to MCR 7.214(A).
A speedy trial claim, whether based on the constitutional or statutory guarantee, is waived by an
unconditional guilty plea. People v Smith, 438 Mich 715, 719, 739; 475 NW2d 333 (1991); People
v Depifanio, 192 Mich App 257, 258; 480 NW2d 616 (1991). The record indicates that defendant’s
guilty plea was an unconditional one. Therefore, appellate review of this issue is waived.
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
**Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
-1
/s/ Walter P. Cynar
-2
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