People v. Goliday

Where an intermediate appellate court remands for entry of a judgment of conviction of a cognate lesser included offense which has different elements from the offense of which defendant was convicted, does this deny defendant’s constitutional right to a finding of guilt beyond a reasonable doubt on each element of the offense? In this Court (though not in the Supreme Court), the question raised is of first impression.

In January, 1983, a jury convicted defendant of breaking and entering an occupied dwelling with intent to commit larceny. MCL 750.110; MSA 28.305. Defendant then pled guilty to…