
    PEOPLE v. FAULMAN
    1. Criminal Law — Constitutional Law — Indigency — Eight to Counsel.
    The court did not clearly inform defendant of his right to court-appointed counsel if he was indigent where defendant was advised that he was entitled to a lawyer to represent him specifically to handle his trial.
    2. Criminal Law — Constitutional Law — Bight to Counsel — Ap-PRISEMENT OP EIGHT.
    The right to counsel is not a right confined to representation during the trial on the.merits; therefore trial judge erred in telling defendant that he was entitled to a lawyer to handle his trial because the statement indicated that defendant was not so entitled if he intended to plead guilty, which defendant did.
    Beferences for Points in Headnotes
    
       21 Am Jur 2d, Criminal Law §§ 317-323.
    
       21 Am Jur 2d, Criminal Law §§ 317, 486.
    Appeal from St. Clair, Halford I. Streeter, J.
    Submitted Division 2 April 8, 1970, at Lansing.
    (Docket No. 7,924.)
    Decided May 1, 1970.
    Charles Faulman was convicted, on his plea of guilty, of breaking and entering and unlawfully driving away an automobile. Defendant appeals.
    Reversed and remanded.
    
      
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Donald P. Neumavm, Assistant Prosecuting Attorney, for the people.
    
      Davidson, Staiger & Staiger, for defendant on appeal.
    Before: McGregor, P. J., and Danhof and Larnard, JJ.
    
      
       Circuit Judge, sitting on the Court of Appeals hy assignment.
    
   Per Curiam.

Charles Paulman was convicted of breaking’ and entering and unlawfully driving- away an automobile on a plea of guilty. He appeals, claiming the trial court committed error in not advising him of his right to appointed counsel and not asking specifically if his plea was the result of a promise of leniency.

Upon arraignment, defendant was informed of his right to an attorney as follows:

“Q. Charles A. Paulman, I want to advise you that you are entitled to a trial by jury or if you prefer a trial before the court; you are also entitled to a lawyer to represent you and to handle your trial. Do you wish an attorney?

“A. No, sir,

“Q. Do you wish to plead to the case or do you wish a trial?

“A. I will plead guilty to the case.”

The court did not clearly inform defendant of his right to court-appointed counsel in the event of indigency. Gideon v. Wainright (1963), 372 US 335 (83 S Ct 792, 9 L Ed 2d 799, 93 ALR2d 733); People v. Hunn (1965) 1 Mich App 580; People v. Whitsitt (1960), 359 Mich 656; see GCR 1963, 785.3 (1).

Further, the judge’s statement that defendant was entitled to a lawyer to “handle your trial” indicated that defendant was not so entitled if he intended to plead guilty, which this defendant did. The right to counsel is not a right confined to representation during the trial on the merits. People v. Baker (1967), 9 Mich App 111, 113, 114; People v. Carson (1969), 19 Mich App 1.

Our conclusion obviates discussion of the other issues raised.

Reversed and remanded. 
      
       MCLA 1970 Cum Supp § 750.110 (Stat Ann 1970 Cum Supp § 28.305).
     
      
       CL 1948, § 750.413 (Stat Ann 1954 Eev § 28.645).
     
      
      GCR 1963, 785.3(2).
     