People v. Clemons
Michigan Court of Appeals
1Concurring in part, dissenting in partBeasley, P.J.
I concur in affirming, but differ from the *76majority in that I would require the trial judge who presided over the trial to impose sentence unless there is good and sufficient reason to substitute another judge.
The majority cite People v McKinley, 5 Mich App 230; 146 NW2d 142 (1966), but that case is distinguishable, the Court saying:
"It appears that Judge Van Domelen had the necessary disability called for by Rule 531 to allow Judge Stephens of the same court to impose sentence upon the defendant.” Id., 235-236.
In the within case, there is nothing in the record to indicate that Judge Brezner…
2Cases cited3 opinions
- People v. CollinsMichigan Court of Appeals · 1970
- People v. McKinleyMichigan Court of Appeals · 1966
- People v. BlairMichigan Court of Appeals · 1968