People v. Cherry

ORDER

Entered December 24, 1974. — Reporter.

On order of the Court, defendant’s conviction is peremptorily reversed and a new trial ordered on the ground that defendant sought to have the court exercise its discretion to exclude prior conviction evidence, and it is apparent that the court failed to recognize that it had such discretion and failed to exercise it. See People v Jackson, 391 Mich 323 (1974). In order to comply with Jackson the trial court must positively indicate and identify its exercise of discretion.

M. S. Coleman and J. W. Fitzgerald, JJ., dissent:

Defendant was convicted of…