People v. Dudley, Docket No. 10818
| Decision Date | 28 November 1972 |
| Docket Number | No. 1,Docket No. 10818,1 |
| Citation | 44 Mich.App. 9,204 N.W.2d 743 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Darek Jerome DUDLEY, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Milton R. Henry, Pontiac, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, App. Div., Gerard A. Poehlman, Asst. Pros. Atty., for plaintiff-appellee.
Before V. J. BRENNAN, P.J., and McGREGOR and BRONSON, JJ.
Defendant was found guilty of unarmed robbery (M.C.L.A. § 750.530; M.S.A. § 28.798) by a judge in Detroit Recorder's Court sitting without a jury. Defendant raises several issues on appeal which we need not consider in view of our disposition of the case. The record reveals that five days before defendant's trial on the instant charge, defendant's guilty plea to another charge was accepted and he was sentenced to a term in prison by the same judge who convicted and sentenced defendant on this charge. At that time the court had occasion to study a presentence report regarding the defendant. We believe that the judge's recent study of the presentence report brings this case within the holding of People v. Walker, 24 Mich.App. 360, 362, 180 N.W.2d 193, 194 (1970) (aff'd 385 Mich. 596, 189 N.W.2d 41 (1971)) wherein this Court stated:
Reversed and remanded.
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...on the ground that the judge had a predisposition of guilt. In the case before us, it is obvious that he did not. In People v. Dudley, 44 Mich.App. 9, 204 N.W.2d 743 (1972), the judge had an occasion to study a presentence report regarding the defendant. In People v. Walker, Supra, the judg......
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