People v. Pence

(for affirmance). As is suggested in Judge Burns’ dissent, the only issue of merit before us on appeal is the use by the trial judge of the defendant’s juvenile record.

Judge Holbrook and I decline to follow cited McFarlin,* 1 and adhere to the holding in People v Coleman, 19 Mich App 250 (1969) for the following reasons.

First, we think McFarlin misinterprets the involved statute. The record of juvenile proceedings is not "evidence against such child”. The adversary proceeding is over at the time of imposition of sentence and "myopically”, "penumbrally” or otherwise, that record is simply not…