People v. Nicholas

Full title: PEOPLE v. NICHOLAS

Court: Michigan Court of Appeals

Date published: Jun 1, 1972

41 Mich. App. 300 (Mich. Ct. App. 1972)

199 N.W.2d 858

Opinion

Docket No. 12301.

Decided June 1, 1972.

Appeal from Recorder's Court of Detroit, William C. Hague, J. Submitted Division 1 May 10, 1972, at Detroit. (Docket No. 12301.) Decided June 1, 1972.

Joseph Nicholas was convicted of reckless driving. Defendant appeals. Reversed and remanded.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Thomas P. Smith, Assistant Prosecuting Attorney, for the people.

Mark E. Weiss, for defendant on appeal.

Before: DANHOF, P.J., and LEVIN and BORRADAILE,^_ JJ.

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

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.