
    WINEGAR v DEPARTMENT OF CORRECTIONS
    Criminal Law — Plea of Guilty.
    The United States Supreme Court decisions of June 2, 1969, requiring that there be an affirmative showing that a plea of guilty was intelligently and voluntarily made, is not to be applied retroactively.
    Reference for Points in Headnote
    21 Am Jur 2d, Criminal Law § 484 et seq.
    
    Appeal from Jackson, John C. Dalton, J.
    Submitted Division 2 April 4, 1972, at Lansing.
    (Docket No. 13714.)
    Decided June 2, 1972.
    Leave to appeal denied, 388 Mich 793.
    William W. Winegar was convicted of kidnapping. His complaint for habeas corpus is treated as an application for leave to take a delayed appeal.
    Leave to appeal denied.
    William W. Winegar, in propria persona.
    
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and William D. Boham, Chief Appellate Attorney, for defendant.
    Before: Danhof, P. J., and McGregor and Quinn, JJ.
   Per Curiam.

Defendant has filed a complaint for habeas corpus which is treated herein as an application for leave to take a delayed appeal from a conviction based upon a plea of guilty to the crime of kidnapping. MCLA 750.349; MSA 28.581._

On January 24, 1962, the defendant entered his plea of guilty. An appeal was taken and the conviction upon the plea was affirmed by this Court. People v Winegar, 13 Mich App 162 (1968). Leave to appeal was denied, 381 Mich 799 (1969).

Defendant alleges that his plea did not conform to the requirements of Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969), and People v Jaworski, 387 Mich 21 (1972). The Supreme Court has determined that the requirements of Boykin are not to be made retroactive beyond June 2, 1969. People v Butler, 387 Mich 1 (1972); People v Carlisle, 387 Mich 269 (1972).

Leave to appeal denied.  