People v. Holbrook

Defendant appeals as of right from his plea-based conviction for second-degree murder, MCL 750.317; MSA 28.549. Defendant was sentenced to twenty to thirty years of imprisonment. We affirm.

i

In 1982, defendant was convicted by a jury of first-degree murder. On September 9, 1986, this Court reversed defendant’s conviction and remanded for a new trial. 154 Mich App 508; 397 NW2d 832 (1986). Defendant’s new trial was scheduled for February 22, 1988.

On February 5, 1988, the trial court denied defendant’s motion to dismiss based on a violation of the 180-day rule, MCL 780.131; MSA 28.969(1). That…