People v. Hicks

Defendant appeals by leave granted from the trial court’s denial of his motion to dismiss the charges against him on double jeopardy grounds. We reverse.

Defendant was charged with assault with intent to murder, MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). A bench trial was commenced before Detroit Recorder’s Court Judge Daphne Means Curtis on September 9, 1991. During the morning session, three prosecution witnesses testified and the matter recessed *199for lunch. Upon reconvening, Judge Curtis announced in open court that the…