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PEOPLE v. JOHNSON

Docket No. 55577, (Calendar No. 12).

396 Mich. 424 (1976)

240 N.W.2d 729

PEOPLE v. ALVIN JOHNSON

Supreme Court of Michigan.

Decided April 21, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training & Appeals, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Norris J. Thomas, Jr., Assistant Defender) for defendant.

Decided April 21, 1976. Rehearing denied 396 Mich. 992.

WILLIAMS, J.

In this case of first impression we consider the impact of a plea of guilty on the constitutional defense of double jeopardy. We hold that the defense of double jeopardy, as it affects whether a trial should have taken place at all, is not waived by a subsequent guilty plea. As this question is dispositive, we do not consider other issues raised by defendant, except we hold that the mere...

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