People v. Eaton

I respectfully dissent from the majority’s conclusion that defendant’s unconditional plea of guilty waives the loss of jurisdiction over him occasioned by the prosecution’s failure, without excuse, to bring defendant to trial within 180 days of his arraignment as required under MCL 780.131; MSA 28.969(1).

The responsibility for bringing the case to trial does not rest with the defendant, rather, the burden is on the prosecution to justify any delay beyond the 180-day limit. People v Wolak, 153 Mich App 60, 66; 395 NW2d 240 (1986). Further, the Wolak Court noted:

[jurisdiction is not lost if a…