PEOPLE OF MI V ABRAHAM SAFFOLD
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 28, 2000
Plaintiff-Appellee,
v
ABRAHAM SAFFOLD, a/k/a THOMAS DAVIS,
No. 217802
St Joseph Circuit Court
LC No. 97-008818-FH
Defendant-Appellant.
Before: Wilder, P.J., and Sawyer and Markey, JJ.
MEMORANDUM.
Defendant appeals by delayed leave granted his guilty plea based conviction for receiving and
concealing stolen property, MCL 750.535; MSA 28.803. Defendant was sentenced as a fourth
offense habitual offender, MCL 769.12; MSA 28.1084, to twelve to forty years’ imprisonment. We
reverse.
During plea proceedings, defendant was advised of his rights in an extended dialogue with the
trial court. However, defendant was not advised on the presumption of innocence. After sentencing,
defendant moved to withdraw his plea on this ground. The trial court denied the motion, and this Court
granted defendant’s delayed application for leave to appeal.
MCR 6.302(B)(3)(c) requires a trial court to directly advise a defendant of the presumption of
innocence on the record before accepting a guilty plea. The purpose of the exchange is to ensure that
the defendant understands the rights waived by a guilty plea. People v Richardson, 144 Mich App
616; 376 NW2d 167 (1985). A defendant’s past waiver or knowledge of his rights does not meet this
obligation. In re Guilty Plea Cases, 395 Mich 96, 121; 235 NW2d 132 (1975).
The prosecutor asserts that the right to presumed innocence is not a right recognized in People
v Jaworski, 387 Mich 21; 194 NW2d 868 (1972), and that failure to specifically instruct should not
require reversal. This Court rejected this argument in People v Heintzelman, 142 Mich App 94; 368
NW2d 903 (1985), noting that reversal was required following People v Lawrence, 413 Mich 866;
317 NW2d 856 (1982), and People v Mitchell, 125 Mich App 475; 336 NW2d 31 (1983), as well
as Guilty Plea Cases, supra.
-1
Failure to instruct on the presumption of innocence at the time of the plea taking requires
reversal. The fact that the court instructed the jury on the presumption of innocence earlier in the
proceedings does not satisfy the requirement of the court rule. Guilty Plea Cases, supra. The trial
court erred in denying defendant’s motion to withdraw his guilty plea.
We reverse.
/s/ Kurtis T. Wilder
/s/ David H. Sawyer
/s/ Jane E. Markey
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.