PEOPLE OF MI V DANIEL BARRY GRZYWINSKI
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 11, 2000
Plaintiff-Appellee,
v
No. 213324
Macomb Circuit Court
LC No. 97-002591 FH
DANIEL BARRY GRZYWINSKI,
Defendant-Appellant.
Before: Saad, P.J., and McDonald and Gage, JJ.
MEMORANDUM.
Defendant appeals as of right from his plea-based conviction of criminal sexual conduct in the
second degree (CSC II), MCL 750.520c; MSA 28.788(3). We affirm.
Defendant pleaded nolo contendere to one count of CSC II in return for the dismissal of other
charges, an agreement that the sentence would run concurrently with the sentence he was serving, and
an agreement by the prosecutor to recommend a three-year sentence cap. Prior to entering the plea,
defendant, acting in propria persona, filed a motion to dismiss the case on the ground that the
prosecutor had not brought him to trial within 180 days. MCL 780.131; MSA 28.969(1); MCR
6.004(D). While the motion was pending, defendant entered the plea. The issue was not preserved by
the plea.
Defendant argues that the trial court lost jurisdiction because the prosecutor failed to bring him
to trial within 180 days. We disagree and affirm. An unconditional plea of nolo contendere waives
review of a claim that the 180-day rule was violated. People v Irwin, 192 Mich App 216, 218; 480
NW2d 611 (1991). Furthermore, the unconditional plea waives any claim of ineffective assistance of
counsel arising out of the underlying, waived claim. People v Bordash, 208 Mich App 1, 3-4; 527
NW2d 17 (1994).
Affirmed.
-1
/s/ Henry William Saad
/s/ Gary R. McDonald
/s/ Hilda R. Gage
-2
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