Preview:

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ROBERT DERRELL RUCKER, Defendant-Appellant.

UNPUBLISHED November 9, 2010

No. 294493 Saginaw Circuit Court LC No. 08-030784-FC

Before: CAVANAGH, P.J., and HOEKSTRA and GLEICHER, JJ. PER CURIAM. Following a jury trial, defendant was convicted of first-degree felony murder, MCL 750.316(1)(b), possession of a firearm during the commission of a felony, MCL 750.227b, unlawful distribution of an imitation controlled substance, MCL 333.7341(3), and unlawful possession with intent to distribute an imitation controlled substance, MCL 333.7341(3). Defendant was sentenced to life in prison without the possibility of parole for the murder conviction, which is to be served concurrently to his sentences of 16 to 24 months' imprisonment for the controlled substance convictions and consecutively to his two year sentence for the felony-firearm conviction. Defendant appeals as of right. Because defendant was not denied his right to a speedy trial, we affirm. On appeal, defendant argues that he was denied his constitutional right to a speedy trial. We disagree. Whether a defendant was denied his right to a speedy trial is a mixed question of fact and law. People v Waclawski, 286 Mich App 634, 664; 780 NW2d 321 (2009). Findings of fact are reviewed for clear error, and constitutional issues are reviewed de novo. Id. A criminal defendant has the right to a speedy trial. US Const, Am VI; Const 1963, art 1,

Download PEOPLE OF MI V ROBERT DERRELL RUCKER.pdf

Michigan Law