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No. 120899
| People
of the State of Michigan, |
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William
J. Vailliencourt, Jr. (517) 546-1850 |
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Plaintiff-Appellee,
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| vs (Appeal
from Ct of Appeals) |
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(Livingston
-- O'Brien, J.)
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| Dennis Michael Perks, |
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Randy E. Davidson (313) 256-9833 |
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Defendant-Appellant.
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief
on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
In 1999, Dennis Michael Perks pled no contest in Livingston County
Circuit Court before Judge Daniel Burress to a single count of domestic
violence, second offense, and to a single count of resisting and obstructing
a police officer. He also pled to habitual fourth felony offender. The
judge gave Perks two years probation on the domestic violence conviction
and imposed a three-year probation with six months in jail (with work
release after sixty days) on the count of resisting arrest as a habitual
offender conviction. By late August 2001, Perks had been charged with
probation violation for assaulting his girlfriend. At a contested probation
violation hearing, the court revoked the probation and gave Perks six
to 15 years in prison. In 2001, Perks filed a claim of appeal as of
right, but Chief Judge of the Court of Appeals dismissed Perks' claim.
The Court of Appeals lacked jurisdiction because Perks' no contest plea
was not appealable as of right, the judge stated. Under a 1994 amendment
to the Michigan Constitution, an accused who pleads no contest or guilty
to a crime can only appeal by leave of the court, not by right, except
as otherwise provided by law. Since the trial court's judgment was based
on Perks' plea to the underlying crime, the appeal must be by leave
only, the judge concluded. Perks appeals.
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