People v. Bellafant

I agree that defendant’s conviction of assaulting a prison employee contrary to MCL 750.197c; MSA 28.394(3) should be affirmed. However, I agree with defendant that error occurred when a sentencing conference was held in the chambers of the judge without him. See People v McIntosh, 101 Mich App 422, 423; 300 NW2d 584 (1980) (T. M. Burns, J., dissenting).

The right of a defendant to allocute at sentencing is protected by GCR 1963, 785.8(2). However, this right means nothing unless a defendant can respond with particularity to all factors taken into account by the judge when determining an…