People v. Miller

Defendant asks the Court to reconsider its policy decision in People v Chamblis, 395 Mich 408, 429; 236 NW2d 473 (1975), that:

"In any case wherein the charged offense is punishable by incarceration for more than two years, the court, whether or not requested, may not instruct on lesser included offenses for which the maximum allowable incarceration period is one year or less.”

We accept the invitation, and hold that in trials commenced more than 30 days after the decision in this case, a trial judge may instruct the jury on the lesser included misdemeanor offense if the value of the property…