PEOPLE OF MI V WILLIAM HALE GOSS JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 18, 2001
Plaintiff-Appellee,
v
No. 233365
Genesee Circuit Court
LC No. 00-007117-FC
WILLIAM HALE GOSS, JR.,
Defendant-Appellant.
Before: White, P.J., and Talbot and E.R. Post*, JJ.
MEMORANDUM.
Defendant appeals as of right from a plea-based conviction of third-degree criminal
sexual conduct, MCL 750.520d(1)(a), for which he was sentenced to five to fifteen years in
prison. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
Defendant’s sole claim on appeal is that he was deprived of effective assistance of
counsel at the plea proceeding because his attorney told him that he would be able to appeal the
trial court’s ruling on the motion to suppress when in fact his unconditional plea waived any such
claim, People v New, 427 Mich 482, 495-496; 398 NW2d 358 (1986), and thus his plea was not
knowingly and voluntarily made. We disagree. First, because defendant failed to raise this
claim below in a motion for a new trial or an evidentiary hearing, review is limited to the
existing record, People v Snider, 239 Mich App 393, 423; 608 NW2d 502 (2000), and there is
nothing in the record to support defendant’s claim. Second, to establish ineffective assistance of
counsel, defendant must show a prejudicial error by counsel, People v Avant, 235 Mich App 499,
507; 597 NW2d 864 (1999), and defendant has not established that the trial court erred in
denying his motion to suppress. Cf. People v Hadley, 199 Mich App 96, 100-101; 501 NW2d
219 (1993), aff’d on other grounds sub nom People v Morris, 450 Mich 316 (1995).
Affirmed.
/s/ Helene N. White
/s/ Michael J. Talbot
/s/ Edward R. Post
* Circuit judge, sitting on the Court of Appeals by assignment.
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