People v. Mitchell

Defendant was convicted by a jury of unarmed robbery, MCL 750.530; MSA 28.798, and subsequently pleaded guilty of being an habitual offender, third offense, MCL 769.11; MSA 28.1083. He was sentenced to twelve to thirty years’ imprisonment. Defendant now appeals as of right. We reverse and remand for a new trial.

i

This cases arises from a robbery that occurred at a gas station/convenience store located in Muskegon, and was captured on tape by a surveillance camera. Defendant was accused of threatening the cashier and taking money from the register. Defendant’s theory of the case was that the…