People v. West

M. J. Kelly, J.

On November 26, 1979, defendant, Clifford West, pled guilty to one count of armed robbery, MCL 750.529; MSA 28.797. He was sentenced to between 5 and 15 years imprisonment on February 1, 1980. Defendant appeals, Claiming that the trial court failed to comply with GCR 1963, 785.7(l)(d) when it failed to inform him of the mandatory minimum prison sentence.

GCR 1963, 785.7(l)(d) requires that the trial court inform a defendant of the mandatory minimum prison sentence when accepting a guilty plea from the defendant. GCR 1963, 785.7(1) does not require the judge to inform the defendant of all the sentencing consequences but only the maximum sentence and any mandatory minimum. Guilty Plea Cases, 395 Mich 96, 118; 235 NW2d 132 (1975), cert den 429 US 1108; 97 S Ct 1142; 51 L Ed 2d 561 (1977). Failure to give the defendant *4this information requires reversal. Id., 118, People v Jones, 410 Mich 407, 412; 301 NW2d 822 (1981).

In this case, defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. The statute provides that a defendant found guilty of armed robbery will be punished by imprisonment in the state prison for life or for any term of years. Defendant argues that the provision requiring imprisonment for any term of years is a mandatory minimum sentence and that the trial court’s failure to inform defendant of the minimum sentence requires reversal. The prosecutor counters by arguing that MCL 750.529; MSA 28.797 does not provide for a mandatory minimum sentence. Far too much has been written by our Court on this matter, and I would much prefer that the harmless error rule be invoked. For the latest expression contrary to Judge Bronson’s rationale see People v Taylor, 112 Mich App 94; 315 NW2d 202 (1981). I have expressed myself in People v Harper, 83 Mich App 390, 399; 269 NW2d 470 (1978), lv den 406 Mich 1021 (1981), by interpreting the phrase "any term of years” as imposing a minimum sentence of a year and a day upon a defendant convicted of armed robbery. But that decision also holds that a trial court complies with the requirements of GCR 1963, 785.7(1)(d) when it informs the defendant that his guilty plea will require imprisonment for life or any term of years. Here, the trial court failed to comply. However, it was sheer inadvertence and ought to be called harmless error. I do not think the Supreme Court has given us that option in Jones, supra, and I therefore reluctantly vote to reverse. I do so expressly finding harmless error under GCR 1963, 529.1, and I find no miscarriage of justice under MCL 769.26; MSA 28.1096, but I feel that we are mandated to follow *5the Supreme Court’s opinion in Jones which allows for no mistakes.

Reversed.