Legal Opinion · Concurring in part, dissenting in part

People v. Clemons

Michigan Court of Appeals

Decided June 20, 1979No. Docket 77-4694Published

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

  1. People v. CollinsMichigan Court of Appeals · 1970
  2. People v. McKinleyMichigan Court of Appeals · 1966
  3. People v. BlairMichigan Court of Appeals · 1968

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