Dеfendant pled guilty in separate cases to charges of armed robbery, MCL 750.529; MSA 28.797, and attempted receiving or concealing stolen property over the value of $100, MCL 750.92; MSA 28.287. He was sentenced on the armed robbery conviction to a term of three and one-half to ten years imprisonment. The sentence on the attempt conviction was to a concurrent term of one to two and one-half years imprisonment.
The armed robbery conviction is challеnged first on the basis that the trial court failed to advise defendant of the mandatory minimum sentence for armed robbery in аccordance with GCR 1963, 785.7(l)(d) and that armed robbery is a nonprobationable offense in accordance with GCR 1963, 785.7(l)((f).
The trial court’s failure to advise defendant that armed robbery is a nonprobationable offense re
*518
quires reversal. Recently, the Supreme Court decided
People v Rogers,
The remaining issues raised by defendant merit comment. Whether armed robbery has a mandatory minimum sentence, and if so, what thаt minimum period of incarceration is, are questions which have divided this Court. See
People v West,
Crawford also challenges the armed robbery and attempt cоnvictions on the basis of the trial court’s ex parte communication with the presentence investigator. Defendant entered his plea to armed robbery on May 12, 1981. He then was referred to the probation department for a presentence report. The court granted a continuance from May 27, 1981, to June 5, 1981, because the presentence reрort was not accurate.
*519 On June 5, 1981, the defendant was sentenced on the armed robbery charge and he then entered his plea to the attempt charge and was sentenced on that charge. At the start of the June 5th proceedings, the court stated:
"The Court: Counsel, we were here before for a sentencing, at which time you had read the presentence report, gone over it with your client and then you informed me of certain inaccuracies, alleged inaccuracies in this presentence report. One of the most important dealt with a Youthful Trainee that the рresentence report showed there had been. If I remember what the presentence report said, they аllege that it was revoked and that he was actually sentenced.
"We have Mr. Michael Donohue here. Now, Mr. Michael Donohue was the investigator from the probation department who prepared the last presentence report. I had him in chambers, I pointed out that inaccuracy. There was also a question as far as A WOL from the service and how he was actually terminated from the service. Then there was the question of his employment.
"We are here for a hearing today to determine the factualness of those allegations. Swear Mr. Donohue.” (Emphasis аdded.)
Defendant contends that the emphasized section above indicates an ex parte communication between thе presentence investigator and the trial court which denied him effective assistance of counsel at a critical stage in the criminal proceedings.
In
People v Black,
"Whether the trial judge actually received information not containеd in the presentence report is irrele *520 vant in our opinion. Sentencing is a critical stage in a criminal proсeeding at which a defendant is entitled to assistance of counsel. Where the trial court has communicated with thе probation officer ex parte, we must presume that this right has been denied.” (Citations omitted.)
This writer concurred in Black and interprets it to mean that, when a trial court holds an ex parte conversation with a presentence investigator, there is a rebuttable presumption of prejudice to defendant that, if not rebutted, requires reversаl.
The trial court in Black spoke with the presentence investigator on two separate occasions regarding the presentence report’s recommendation for. delayed sentencing. Following a telephone conversation between the trial court and the investigator, they met in chambers at which time the presentence report was discussed. Both conversations were initiated by the court and were not, as is true in this case, the result of allegations of errоr in the presentence report made by the defendant.
The trial court in this case, after the defendant pointеd out specific errors in the presentence report, contacted the presentence investigator. Their conversation did not delve into sentence recommendations but was limited to pointing out the inaccuraсies. The presentence investigator, in open court, explained the alleged inaccuracies. The fаcts of this case rebut the presumption of prejudice, therefore, reversal is not required on this issue.
Defendant’s conviction for armed robbery is reversed and the conviction for attempted receiving or concealing stolen property over the value of $100 is affirmed.