People v. Bates

The Oakland County Prosecutor appeals by leave granted from a circuit court decision permitting defendant Kimberly E. Bates to waive her right to a jury trial over the objection of the prosecutor. The lower court concluded that the amended version of MCL 763.3; MSA 28.856, which requires the prosecutor’s consent in order to waive a jury trial, does not apply to charges based upon criminal activity which occurred prior to June 1,1988, the effective date of the statute. We reverse.

Defendant is charged with embezzlement over $100, MCL 750.174; MSA 28.371. The charge alleges that the embezzlement…