People v. Marsh

Defendant was convicted of attempted escape, MCL 750.193(1); MSA 28.390(1), following a bench trial. He was sentenced to one to five years.

Defendant claims that his conviction must be reversed because (1) the conduct on which his conviction rested did not constitute an overt act beyond mere preparation to escape, (2) the contents of defendant’s duffle bags were seized in violation of Department of Corrections rules and thus in violation of his state and federal constitutional rights to be free of unreasonable searches and seizures, and (3) the magistrate abused his discretion in binding him…