People v. Wolfe

Defendant appeals by leave granted from an order of the trial court denying his delayed motion to reinstate lesser charges. We affirm.

Defendant and his two codefendants, David Ovegian and Augustino Conte, were charged with first-degree murder, MCL 750.316; MSA 28.548, in the 1977 death of Barbara Lundsford. They were jointly tried before separate juries. On the morning of October 24, 1978, after the juries were selected, defendant and Conte joined in Ovegian’s motion to reduce the first-degree murder charges to second-degree murder because first-degree murder had not been established at the…