Preview:

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v RICHARD LEE CURRIE, Defendant-Appellant.

UNPUBLISHED February 23, 2012

No. 301482 Wayne Circuit Court LC No. 10-000967-FH

Before: GLEICHER, P.J., and METER and DONOFRIO, JJ. PER CURIAM. Following a bench trial that began before Wayne Circuit Court Judge Ulysses S. Boykin and was completed by Wayne Circuit Court Judge Robert B. Brzezinski, defendant was convicted of second-degree home invasion, MCL 750.110a(3). He was sentenced as an habitual offender, third offense, MCL 769.11, to a prison term of 6 to 30 years. He appeals as of right. We affirm. On September 13, 2010, the parties appeared before Judge Boykin, and defendant waived his right to a jury trial. When Judge Boykin asked defendant if anyone had threatened or promised him anything in exchange for his waiver, defendant stated, "I would think it was a threat if they said I couldn't hold it in front of you, that I would have to go to another unfamiliar judge." Judge Boykin explained to defendant that if he were to waive a jury, "it could go somewhere else or it could stay here, but it just wouldn't have a jury hear your case, if you waive it." Judge Boykin again asked defendant if any threats or promises had been made to induce him to waive a jury and defendant responded negatively. Judge Boykin found that defendant's jury waiver was knowingly and voluntarily made. After the jury waiver, Judge Boykin inquired, "All right. This is not going to spin today, Madam Clerk?" The clerk responded, "No. It's going to stay in front of you, Judge Boykin." The parties discussed their availability for a new date and agreed on October 6, 2010. Judge Boykin suggested, "we can put this trial in progress, then if you both want to reserve your opening statements today?" Defense counsel stated that she was going to waive her opening statement. The prosecutor stated that she had no objection. The trial court responded, "Okay. So, we're in progress then

Download PEOPLE OF MI V RICHARD LEE CURRIE.pdf

Michigan Law