Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PEOPLE v. BLAIR.

PER CURIAM.

Defendant appeals his nonjury conviction and sentence for larceny in a store. He asserts as basis for appellate relief 2 claims, namely: the evidence introduced against him did not prove guilt beyond a reasonable doubt and his constitutional rights were violated when he was sentenced by a judge who had disqualified himself from trying defendant because that judge was convinced before the trial of defendant's guilt and the record fails to disclose the unavailability of the trial judge for sentencing.

CL 1948, § 750.360 (Stat Ann 1954 Rev § 28.592).

Appointed defense counsel, Alexander M. Des Chenes, Jr., has done a creditable job in presenting this appeal, but a review of the trial transcript discloses ample evidence, which, if believed by the trier of the fact, establishes guilt beyond a reasonable doubt.

Defendant raised no objection to being sentenced by Judge Martin, who had disqualified himself. As pointed out in People v. McKinley (1966), 5 Mich. App. 230, the right to be sentenced by the trial judge is a personal right, subject to waiver. That right was waived here.

Affirmed.

LESINSKI, C.J., and QUINN and MOODY, JJ., concurred.

Use AI to get other relevant cases.

Comments

PEOPLE v. BLAIR
(Jun 10, 1968)