People v. Hendrix

On Remand

Due to the complex path this case has taken through our court system, it is necessary to set forth a short judicial history of what has transpired to date.

Defendant was convicted of assault with intent to rob being armed, MCL 750.89; MSA 28.284, by a Detroit Recorder’s Court jury. At trial, the judge found no due diligence had been exercised by the prosecutor to produce a res gestae witness. The prosecutor admitted this fact to be true. Defendant appealed as of right on this res gestae issue.

This Court remanded for a "Robinson Hearing”. See People v Robinson, 390 Mich 629; 213 NW2d…