People v. Ellis

Memorandum Opinion. Defendant seeks leave to appeal from the Court of Appeals judgment affirming his bench trial convictions of carjacking, MCL 750.529a, and felonious assault, MCL 750.82, as well as the scoring of variables under the sentencing guidelines as a second-offense habitual offender, MCL 769.10. We affirm.

However, we take this opportunity to note that the practice that appears to have been utilized by the trial court in this case, commonly referred to as a “waiver break,” is unethical and a ground for referral to the Judicial Tenure Commission in the future.

We have previously noted…