People v. Slappy

Defendant was tried before a judge sitting without a jury and convicted of manslaughter (MCLA 750.321; MSA 28.553). He was sentenced to from 2 to 15 years in prison and now appeals as of right, pefendant contends that he never properly waived the right to a jury trial and that the court erroneously failed to determine whether he was competent to stand trial.

The personal and constitutionally guaranteed 1 right to trial by jury cannot be waived by defense counsel and cannot, from a silent record, be presumed to have been waived, People v Degraffenreid, 19 Mich App 702; 173 NW2d 317 (1969). The…