People v. Kline

The defendant was tried by a jury and convicted of the crime of breaking and entering a dwelling house with intent to commit larceny (CL 1948, § 750.110 as amended by PA 1964, No 133 [Stat Ann 1968 Cum Supp § 28.305]). The defendant was sentenced to three to ten years in prison on June 9, 1965. At the time of sentencing the defendant’s attorney was not present. On a motion to vacate the judgment and sentence on May 10, 1967, the lower court denied the motion, ruling that counsel could and did waive defendant’s right to have counsel present at the sentencing.

This Court in People v. Dye (1967),…