PEOPLE OF MI V CHARLES J AYERS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 14, 1997
Plaintiff-Appellee,
v
No. 180302
Oakland Circuit Court
LC No. 94-134554 FH
CHARLES J. AYERS,
Defendant-Appellant.
Before: O’Connell, P.J., and Markman and M.J. Talbot,* JJ.
PER CURIAM.
Defendant pleaded guilty to felonious assault, MCL 750.82; MSA 28.277, and, pursuant to a
Cobbs1 agreement, was sentenced to serve a two year probationary term with the first sixty days to be
served in the county jail. He now appeals as of right, contending that the trial court abused its discretion
in refusing to allow him to withdraw his plea. We affirm.
Defendant first argues that his plea was involuntarily tendered. In People v Valle, 364 Mich
471, 477; 110 NW2d 673 (1961), our Supreme Court explained that a plea of guilty may not be
considered to have been tendered voluntarily where it was “induced by fear, misapprehension,
persuasion, promises, inadvertence or ignorance.” Here, defendant contends that he was coerced to
plead guilty because the complainant, his girlfriend, would have been subject to prosecution had she
recanted her testimony. While it appears to be true that the complainant would have been subject to
prosecution, this does not suggest that defendant’s plea was involuntarily given. Therefore, we find no
abuse of discretion. People v Effinger, 212 Mich App 67, 69; 536 NW2d 809 (1995).
Defendant also submits that there was an insufficient factual basis to support his conviction. A
sufficient factual basis may exist even if the defendant denies an element of the crime, so long as an
inculpatory inference may be drawn from the facts to which the defendant does admit. People v Haack,
396 Mich 367, 374-375; 240 NW2d 704 (1976). Our review of the record indicates that defendant’s
admission were more than sufficient to support all the elements of felonious assault. See MCL 750.82;
MSA 28.277. Here, the court asked defendant “at a bare minimum you willfully threatened her with the
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
screwdriver?” Defendant responded, “Yes, I did.” Again, we find no abuse of discretion. Effinger,
supra.
Defendant adverts to several other arguments throughout the body of his brief. However,
because these arguments are not developed and are not mentioned in the statement of questions
presented, we decline to address them. See People v Yarbrough, 183 Mich App 163, 165; 454
NW2d 419 (1990).
Affirmed.
/s/ Peter D. O’Connell
/s/ Stephen J. Markman
/s/ Michael J. Talbot
1
People v Cobbs, 443 Mich 276; 505 NW2d 208 (1993).
-2
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