People v. Bandy
Decision Date | 30 June 1971 |
Docket Number | Docket No. 9734,No. 2,2 |
Citation | 35 Mich.App. 53,192 N.W.2d 115 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry Norman BANDY, Defendant-Appellant |
Court | Court of Appeal of Michigan — District of US |
Stuart J. Dunnings, Jr., Dunnings & Gibson, Lansing, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Raymond L. Scodeller, Pros. Atty., for plaintiff-appellee.
Stewart H. Freeman, Asst. Atty. Gen., Amicus Curiae.
Before QUINN, P.J., and McGREGOR and O'HARA *, JJ.
Is the Holmes Youthful Trainee Act, M.C.L.A. § 762.11--762.16 (Stat.Ann.1971 Cum.Supp. § 28.853(11)--s 28.853(16)), constitutional? The trial court said no. The attorney general says no and at least one other circuit court 1 has said no. The defendant says yes.
The act provides:
We view the act in context with the following facts:
October 6, 1969, defendant was arraigned on an information which charged him with robbery armed, M.C.L.A. § 750.529 (Stat.Ann.1971 Cum.Supp. § 28.797), and with robbery unarmed, M.C.L.A. § 750.530 (Stat.Ann.1954 Rev. § 28.798). At the time of the alleged offense, defendant was 19 years of age. Defendant stood mute to the charge of robbery armed and entered a plea of guilty to the charge of robbery unarmed. November 14, 1969, defendant petitioned the trial court to be assigned the status of youthful trainee in accordance with the statute set forth above. The trial judge denied this petition on the grounds that the act had no application after a plea of guilty and on the basis that the act was unconstitutional.
April 24, 1970, defendant moved to withdraw his guilty plea. June 4, 1970, the trial court granted this motion, and on the same day defendant filed a second petition requesting the court to assign him the status of youthful trainee. June 5, 1970, the trial judge denied this petition on the grounds that the act was unconstitutional because it violated due process of law.
We also view the act with the following principles of statutory construction in mind:
1. This is a remedial statute and should be construed liberally for the advancement of the remedy. Shannon v. People (1858), 5 Mich. 36, 47.
2. Constitutionality of an act will be presumed until the contrary is shown, and an entire statute will not be declared unconstitutional because one part of it is void, if the balance of the act will be effective. People...
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