
    People v Willingham.
    Appeal from Recorder’s Court of Detroit, Elvin L. Davenport, J.
    Submitted Division 1 February 29, 1972, at Grand Rapids.
    (Docket No. 11472.)
    Decided March 30, 1972.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Oarnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.
    
      Oliver C. Nelson, for defendant on appeal.
    Before: Holbrook, P. J., and Fitzgerald and T. M. Burns, JJ.
   Memorandum Opinion. Defendant was originally charged with armed robbery, MCLA 750.529; MSA 28.797, and pleaded guilty to assault with intent to commit robbery, being armed, MCLA 750.89; MSA 28.284. He was sentenced to imprisonment for a term of 5 to 15 years and appeals.

An examination of the record and briefs discloses no prejudicial error.

Affirmed on the authority of People v Godsey, 35 Mich App 399 (1971), without prejudice to defendant to file a motion to vacate the plea and to proceed to trial in the lower court.  