People v. Delongchamps

Following a jury trial, defendants were convicted of possession of marijuana with intent to deliver, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c), and sentenced to 2 to 4 years imprisonment. They appeal as of right.

On appeal, defendants argue that the trial judge should have disqualified himself from hearing their cases because he was a prosecuting attorney within that circuit within the preceding two years.

Disqualification of a judge is covered by GCR 1963, 912. GCR 1963, 912.3 provides that a motion to disqualify must be filed within ten days after a case has been assigned to a judge or at…