People v. Kelly

In the Recorder’s Court of Detroit, the defendant was convicted in a bench trial of a misdemeanor, assault and battery, in violation of MCL 750.81; MSA 28.276. Defendant appeals as of right.

Defendant’s first two issues concern Recorder’s Court Rule (RCR) 7, § 5, which was in effect at the time of the defendant’s trial. Defendant first claims that his conviction must be reversed because he was not expressly advised of his constitutional right to a jury trial as required by the court rule. Because the defendant has failed to provide this Court with a transcript of all pretrial proceedings, we…