People v. Cocuzza

The issue before us in this case is whether a trial judge, who presided over prior incomplete guilty plea proceedings involving a defendant, must sua sponte disqualify himself from conducting that defendant’s bench trial. The Court of Appeals concluded that the trial judge erred in failing to so disqualify himself. We disagree and we reverse the judgment of the Court of Appeals.

I

The defendant was charged with breaking and entering a business establishment with intent to commit larceny contrary to MCL 750.110; MSA 28.305. On April 3, 1979, he appeared before Wayne Circuit Judge Thomas J.…