(dissenting). Defendant Roger Le*520drow pled guilty on October 11, 1972, to the crime of breaking and entering with the intent to commit larceny therein, contrary to MCLA 750.110; MSA 28.305. The trial judge accepted the plea of guilty on that date and the pertinent portion of that arraignment as pertains to the issue to be decided on this appeal is as follows:
"The Court: All right. Has there been any plea bargaining here at all in this matter? Are there other charges against this man?
"Mr. Fraser [attorney for the people]: If it please the court, there are other charges pending below in the district court. It would be the intention of the people not to proceed with those matters upon the acceptance of a guilty plea on this charge.
"The Court: All right. You understand that, do you, Mr. Ledrow?
"The Defendant: Yes, sir.
"The Court: That there are certain other charges that might be pressed against you and the prosecutor says he won’t press those in view of your plea of guilty to this particular charge. He will dismiss them, in other words.”
On November. 6, 1972, the trial court allowed defendant to voluntarily commit himself to the Veteran’s Hospital in Battle Creek for medical and psychological examinations. This was accomplished and defendant went to the Veteran’s Hospital and was there until December 13, 1972, when the hospital requested the court to have him returned to Midland. On January 12 and 15, 1973, the defendant was sentenced to 2-1/2 to 10 years in a state prison with credit of 105 days spent in the. county jail and the Veteran’s Hospital, as aforesaid. At this sentencing the defendant requested that the court place him on probation for a year or longer so he could prove himself. It was pointed out at the sentencing that the defendant had had *521difficulties while at the Veteran’s Hospital at Battle Creek, and he claimed all these difficulties were caused by the hospital authorities. At the sentencing the trial judge stated to the defendant as follows:
"On the 12th of January. And I just signed the commitment papers on you and I want to advise you, Mr. Ledrow, that you have a right to appeal from the sentence that I have passed upon you. If you are unable financially to employ an attorney and if you want to appeal, you can. The court will appoint an attorney for you and the county will pay the expense of it. We will also — The county will also furnish such portions of the trial transcript, there actually wasn’t a trial, but what we mean by that is your plea of guilty and the sentence of the court in order that an attorney may prepare post-conviction motions and so forth and perfect an appeal. Any such request for an appeal or for assistance of counsel must be made within 60 days. Now, I will furnish you with some forms that you can use for this purpose. Let the record show that I am furnishing Mr. Ledrow with an affidavit as to his financial condition and a petition for appellate counsel. Okay. You can be seated.”1
The defendant availed himself of his right to appeal almost immediately, along with a request for counsel and transcript and record. The trial judge on January 19, 1973, áppointed present counsel as appellate counsel. On February 5, 1973, a claim of appeal was filed in this Covirt. In the meantime, the defendant had filed a motion for a new trial and the setting aside of the plea of guilty and the sentence. This motion was heard on April 3, 1973. On April 4, 1973, the prosecuting attorney’s office made a motion in the district court to dismiss the other charge therein present and it *522was granted. On April 5, 1973, the trial judge denied the motion to set aside the plea of guilty. The defendant mainly claimed his plea of guilty was not made freely, understandingly and voluntarily, and an extensive hearing was held with several witnesses testifying. The trial judge’s findings on this motion to set aside the plea of guilty were in pertinent part as follows:
"This motion was based upon the contention that the confession obtained was not voluntary. The claim was made that the defendant requested an attorney and he was denied the right to have an attorney at the time the confession was taken. Although it’s not set forth in the motion itself, the affidavit which is filed in support of the motion alleges that — generally alleged that unrequited promises were made by law enforcement officers of Midland County, that he did not make the plea freely, understandingly and voluntarily, without undue influence, compulsion or duress. Now, the court partially ruled on this matter on the 3rd of April. I will reiterate it because the court later took the matter under advisement.
"The court finds that on the basis of the testimony submitted here that the defendant did not in fact request an attorney; that he was not denied the right to have an attorney. As I stated on the 3rd of April, the court was not impressed with that testimony and the court does not believe that the request for an attorney was made in view of the circumstances. So the court finds that the confession which was taken here was a voluntary confession taken in accordance with the requirements of law.
"But the court has examined the case of People v Butler in minute detail and finds that in this particular case and in the cases that are cited as authority for this ruling of the Court of Appeals in 43 Mich App 270 [204 NW2d 325 (1972)], the defendant was actually — the plea bargaining actually consisted of an agreement that a *523certain case would be dismissed if an appeal was not taken.
"And in the cases cited supporting that position it appears that the court also took part in that plea bargaining and accepted the plea of guilty on condition that an appeal would not be taken, which is a vastly different situation than the one we have here in this case.
"In this case what occurred is perfectly clear from the transcript of the testimony. The court asked what— if there was a plea bargain and it was stated that there was a plea bargain and that that bargain would be that the — that another case of breaking and entering which was pending against this defendant would be dismissed. It’s pending down in district court; never having reached this court. But there was certainly no reference to any requirement on the part of the defendant that he not take an appeal.
"As a matter of fact, in January when this man was sentenced he was promptly informed at that time that he had a right to take an appeal and he availed himself of it immediately. Papers were handed to him. He filed the papers and a lawyer was appointed for him immediately. So he hasn’t been denied any right to appeal, nor was any such bargain made that he would be denied the right to appeal, and he hasn’t as yet been, certainly, denied any right.
"The court can’t see where this man’s been prejudiced in any way. No effort was made to revive that case when he appealed on the 15th of January. I believe that’s the date. I think it was the 15th when his counsel was appointed and he took his appeal. There was no effort made to revive that case or to take any action. And that is, of course, a factual situation that existed in some of these other cases that are cited in support of this proposition that it’s not proper to bargain on the basis of not appealing.”
This writer is in agreement with the trial judge’s interpretation of People v Butler, 43 Mich App 270; 204 NW2d 325 (1972). Butler is not applicable *524to this case because it has been distinguished, the facts being entirely different. There was never a stipulation in the instant case proscribing the defendant’s right to appeal. Also, no efforts were made on the part of the authorities to bring any other charge against the defendant in any court. The defendant bargained with the prosecuting attorney for dismissal of the other charge in the district court, nothing more and nothing less. The said dismissal was effected, although belatedly, and the defendant has not been prejudiced thereby.
The trial court should be affirmed and this writer so votes.
This part of the sentencing proceedings took place on January 15, 1973.