People v. Harper

On December 17, 1981, defendant was convicted by a jury of taking possession of and driving away a motor vehicle, MCL 750.413; MSA 28.645, and was subsequently sentenced to a term of from three to five years imprisonment. He appeals as of right.

During the trial, the trial court conducted a hearing pursuant to People v Robinson, 390 Mich 629; 213 NW2d 106 (1973), because the prosecution had not produced an endorsed witness. Even though the prosecution conceded that the witness was in fact a res gestae witness and that it had not exercised due diligence, the trial court excused production…