Michigan Court of Appeals, 1972

People v. Nicholas

Michigan Court of Appeals · Decided June 1, 1972 · Borradaile, Danhof, Levin

41 Mich. App. 300; 199 N.W.2d 858; 1972 Mich. App. LEXIS 1318

Cases that cite this one

1 later published case cites this decision.

Wayne County Prosecutor v. Recorder's Court Judge (Mich. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

After a nonjury trial, the defendant was convicted of reckless driving. MCLA 257.626; MSA 9.2326. On the day set for trial, the defendant appeared and offered to plead guilty to driving ten miles per hour over the speed limit.. The trial judge indicated that the defendant must first waive his right to jury trial and this was done. The trial court then denied the prosecutor’s motion to add a charge of driving ten miles per hour over the speed limit. The defendant moved to withdraw his waiver of a jury trial and the motion was denied. Because of this abuse of discretion the judgment of conviction is reversed.

Reversed and remanded.

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