People v. Braxton

The majority of this panel adopts the factual determination set forth by Judge Burns. However, we reach a different conclusion and would affirm the conviction.

MCL 763.3; MSA 28.856 provides that the "waiver of trial by jury must be made in open court after the said defendant has been arraigned and has had opportunity to consult with counsel”.

A review of the record reveals that defendant was accompanied by counsel when he signed the proper waiver form in open court before a clerk of the court.

Immediately prior to trial, the judge indicated on the record that the defendant had executed the *691waive…