People v. Hoffmeister, Docket No. 14490
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | Before LESINSKI; BASHARA |
| Citation | 52 Mich.App. 219,217 N.W.2d 58 |
| Docket Number | No. 2,Docket No. 14490 |
| Decision Date | 26 March 1974 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Byron Lee HOFFMEISTER, Defendant-Appellant |
Page 58
v.
Byron Lee HOFFMEISTER, Defendant-Appellant.
Released for Publication April 30, 1974.
Page 59
Robert P. [52 Mich.App. 220] Dank, Mt. Clemens, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Thomas J. Kizer, Jr., Pros. Atty., for plaintiff-appellee.
Before LESINSKI, C.J., and HOLBROOK and BASHARA, JJ.
BASHARA, Judge.
Defendant, Byron Lee Hoffmeister, was convicted by a jury in Livingston County Circuit Court of murder in the first degree. M.C.L.A. § 750.316; M.S.A. § 28.548. He was sentenced on April 18, 1972 to life imprisonment, with the recommendation[52 Mich.App. 221] that the first five years be spent in solitary confinement. Defendant appeals raising eight issues of which only five merit discussion.
Defendant first argues that the arrest warrant in this case was unconstitutionally issued, having been based on a conclusory complaint. If the arrest was made solely on the authority of the warrant, and assuming that it was defective, the defendant's argument might be persuasive for reversing his conviction. The fact is, however, that an officer may arrest without a warrant pursuant to M.C.L.A. § 764.15; M.S.A. § 28.874 which provides:
'Any peace officer may, without a warrant, arrest a person * * * (c) When a felony in fact has been committed and he has reasonable cause to believe that such person has committed it; (d) When he has reasonable cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it'.
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A review of the record discloses that the arresting officer had reasonable cause to arrest defendant as required by the statute. It would be anomalous to now hold that an officer who had reasonable cause to arrest without a warrant forfeits that right because he was conscientious in obtaining a warrant that was later found to be defective. People v. Hernandez, 41 Mich.App. 594, 200 N.W.2d 447 (1972).
Defendant contends that the court's recommendation that defendant spend the first five years of his sentence in solitary confinement is cruel and unusual punishment. The recommendation was within the scope of the statute, M.C.L.A. § 750.316; M.S.A. § 28.548, and this Court has supported the questioned statute, People v. Gunn, 34 Mich.App. 106, 190 N.W.2d 793 (1971)....
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People v. Tyburski, Docket No. 95719
...he fails to ask specific questions requested by a defendant but does cover the area in another manner"); People v. Hoffmeister, 52 Mich.App. 219, 222, 217 N.W.2d 58 (1974), rev'd on other grounds, 394 Mich. 155, 229 N.W.2d 305 (1975) (the trial judge refused to allow twelve of defendan......
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People v. McIntosh, Docket No. 17295
...not in the precise language requested by defense counsel and not addressed to the panel members individually. People v. Hoffmeister, 52 Mich.App. 219, 217 N.W.2d 58 (1974). With thirty-two peremptory challenges left, defense counsel declined either to exercise challenges or express approval......
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Robinson v. Emmet County Road Commission, Docket No. 23519
...would be less willing to undertake the responsibility of said maintenance on behalf of the state." Bennett, supra, at 295-296, 217 N.W.2d at 58. Bennett is particularly applicable since, as here, the case was argued on the basis of governmental immunity. The Court explained the nature ......
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People v. Osborn, Docket No. 20943
...v. White, 54 Mich.App. 342, 220 N.W.2d 789 (1974), People v. Bradley, 54 Mich.App. 89, 220 N.W.2d 305 (1974), People v. Hoffmeister, 52 Mich.App. 219, 217 N.W.2d 58 (1974), Rev'd on other grounds 394 Mich. 155, 229 N.W.2d 305 (1975). 1 The fact that the trial court furnished a form which di......
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People v. Tyburski, Docket No. 95719
...he fails to ask specific questions requested by a defendant but does cover the area in another manner"); People v. Hoffmeister, 52 Mich.App. 219, 222, 217 N.W.2d 58 (1974), rev'd on other grounds, 394 Mich. 155, 229 N.W.2d 305 (1975) (the trial judge refused to allow twelve of defendan......
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People v. McIntosh, Docket No. 17295
...not in the precise language requested by defense counsel and not addressed to the panel members individually. People v. Hoffmeister, 52 Mich.App. 219, 217 N.W.2d 58 (1974). With thirty-two peremptory challenges left, defense counsel declined either to exercise challenges or express approval......
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Robinson v. Emmet County Road Commission, Docket No. 23519
...would be less willing to undertake the responsibility of said maintenance on behalf of the state." Bennett, supra, at 295-296, 217 N.W.2d at 58. Bennett is particularly applicable since, as here, the case was argued on the basis of governmental immunity. The Court explained the nature ......
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People v. Osborn, Docket No. 20943
...v. White, 54 Mich.App. 342, 220 N.W.2d 789 (1974), People v. Bradley, 54 Mich.App. 89, 220 N.W.2d 305 (1974), People v. Hoffmeister, 52 Mich.App. 219, 217 N.W.2d 58 (1974), Rev'd on other grounds 394 Mich. 155, 229 N.W.2d 305 (1975). 1 The fact that the trial court furnished a form which di......