People v. Bender

Defendant was charged with attempted breaking and entering of a building with the intent to commit a larceny, MCL 750.92, 750.110; MSA 28.287, 28.305, felonious assault, MCL 750.82; MSA 28.277, and being an habitual offender (second offense), MCL 769.10; MSA 28.1082. Defendant was tried by a jury on the two principal charges. While the jury was deliberating, defendant waived his right to trial on the habitual offender charge and stated he would plead guilty to that charge if the jury found him guilty on one or both of the principal charges. Subsequently, the jury convicted defendant on the…