People v. Woods, Docket No. 43746

• Decision Date: 24 April 1980
• Docket Number: Docket No. 43746
• Citation: 97 Mich.App. 197,293 N.W.2d 762
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Charlie Lee WOODS, Defendant-Appellant.
• Court: Court of Appeal of Michigan — District of US

Page 762

293 N.W.2d 762

97 Mich.App. 197

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Charlie Lee WOODS, Defendant-Appellant.

Docket No. 43746.

Court of Appeals of Michigan.

April 24, 1980.

Released for Publication July 11, 1980.

William Grossman, Flint, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Robert E. Weiss, Pros. Atty., Donald A. Kuebler, App. Chief Pros. Atty., for plaintiff-appellee.

Before CYNAR, P. J., and V. J. BRENNAN and CAVANAGH, JJ.

PER CURIAM.

Defendant appeals by right from his conviction by a jury of first-degree murder, M.C.L. § 750.316; M.S.A. § 28.548. The sentence imposed on defendant was life imprisonment.

The first of three issues raised by defendant concerns the admission of evidence of defendant's prior conviction of second-degree murder. Defense counsel, during trial, asked the trial court for an advisory ruling as to whether or not evidence of defendant's prior conviction would be admissible for impeachment purposes. The record discloses that the trial court mistakenly concluded that the similarity of the two crimes required admission of evidence of the prior conviction. The court stated:

"But on a like crime I think the law is, in a murder case, that I would allow it just if there's any similarity between this case and the case where he pled guilty to * * *."

Defendant did not testify. This constitutes reversible error. People v. Baldwin, 405 Mich. 550, 275 N.W.2d 253 (1979), People v. Crawford, 83 Mich.App. 35, 40, 268 N.W.2d 275 (1978), MRE 609.

Defendant's remaining claims of error are not meritorious.

Reversed and remanded for new trial.