People v. Finley

Defendant, Marcus Finley, appeals as of right from his jury conviction for assault with a deadly weapon, MCL 750.82; MSA 28.277, and for possession of a weapon by an inmate, MCL 800.283; MSA 28.1623. Defendant was sentenced to two to four years on the assault conviction and three to five years for the convict in possession of a weapon conviction. Defendant claims that error requiring reversal occurred when the prosecutor was allowed to elicit testimony and argue to the jury that defendant remained silent when placed under arrest. We agree and reverse.

The instant case arose from the stabbing…