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PEOPLE v. EAGAN

Docket No. 12991.

46 Mich. App. 377 (1973)

208 N.W.2d 219

PEOPLE v. EAGAN

Michigan Court of Appeals.

Decided April 24, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Donald A. Burge, Prosecuting Attorney, and Stephen M. Wheeler, Assistant Prosecuting Attorney, for the people.

John P. Doerr, for defendant on appeal.

Before: LESINSKI, C.J., and HOLBROOK and ADAMS, JJ.

LESINSKI, C.J.

Defendant appeals his plea-based conviction of breaking and entering, MCLA 750.110; MSA 28.305. In accepting the plea the trial judge informed the defendant, a 17-year-old, that if he did not plead guilty he would have the right to a trial; however, the trial judge failed to inform the defendant that he had a right to a trial by jury or by the court without a jury. This was error. People v Jaworski, 387 Mich. 21

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