People v. Koehler

Full title: PEOPLE v KOEHLER (SUPPLEMENTAL OPINION)

Court: Michigan Court of Appeals

Date published: Aug 12, 1974

59 Mich. App. 654 (Mich. Ct. App. 1974)

230 N.W.2d 15

Opinion

Docket No. 16756.

Decided August 12, 1974. Supplemental opinion decided March 13, 1975.

Appeal from Berrien, Julian Hughes, J. Submitted Division 3 June 3, 1974, at Lansing. (Docket No. 16756.) Decided August 12, 1974, 54 Mich. App. 624; 221 N.W.2d 398. Supplemental opinion decided March 13, 1975.

Michael D. Koehler was convicted of delivery of heroin and delivery of LSD. Defendant appealed, and the case was remanded for an evidentiary hearing. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and John Smietanka, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Howard C. Marderosian, Acting Director, of counsel), for the people.

Judith K. Munger and Jessica R. Cooper, Assistants State Appellate Defender, for defendant.

Before: McGREGOR, P.J., and R.B. BURNS and O'HARA,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

PER CURIAM.

Upon order of this Court, the instant matter was remanded to Berrien County Circuit Court for an evidentiary hearing, to determine whether or not Mrs. Stevens' testimony would have been cumulative, had she been available to testify at trial. 54 Mich. App. 624; 221 N.W.2d 398 (1974).

Mrs. Stevens was produced at the required evidentiary hearing on September 30, 1974, and the judge concluded that her testimony was cumulative and did not differ in any material respect from that adduced at trial.

A new trial was not ordered. The transcripts and findings have been duly filed as well as a supplemental brief on behalf of the defendant.

The findings of the trial court are supported by the record.

Defendant's conviction is affirmed.