People v. Watson
Decision Date | 27 May 1976 |
Docket Number | Docket No. 56150 |
Citation | 396 Mich. 870,291 N.W.2d 923 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Joe Eddy WATSON, Defendant-Appellant. 396 Mich. 870, 291 N.W.2d 923 |
Court | Michigan Supreme Court |
The delayed application for leave to appeal is considered, and pursuant to GCR 1963, 853.2(4), this matter is remanded to the Recorder's Court for the City of Detroit for entry of a judgment of conviction of the lesser included offense of second-degree murder and for resentencing. If the Prosecuting Attorney is persuaded that the ends of justice would better be served, upon notification to the trial court before resentencing, the trial court shall vacate the judgment and conviction and grant a new trial on the charge that defendant committed the crime of first-degree murder. People v. Jenkins, 395 Mich. 440, 236 N.W.2d 503 (1975); People v. Ora T. Jones, 395 Mich. 379, 236 N.W.2d 461 (1975); People v. Henry, 395 Mich. 367, 236 N.W.2d 489 (1975); People v. Carter, 395 Mich. 434, 236 N.W.2d 500 (1975); People v. Paul, 395 Mich. 444, 236 N.W.2d 486 (1975).
It is further ORDERED, that the motion for peremptory reversal, motion to strike appellant's brief in support of delayed application for leave to appeal, or alternatively to strike issued I, VI, VII, VIII, and IX, and the motion for immediate consideration are hereby DENIED as moot.
Opinion below: 52 Mich.App. 211, 217 N.W.2d 121.
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