People v. Mosly

This is the second time this case is before this Court. In 1997, following a bench trial, defendant Willie Mosly was convicted of larceny over $100, MCL 750.356. He was sentenced as a third-offense habitual offender, MCL 769.11, to a term of eighty to 120 months’ imprisonment. It is undisputed that, contrary to MCR 6.402(B), the trial court failed to make a determination on the record regarding whether defendant validly waived his right to a trial by jury. However, defendant did not raise this issue during his appeal of right. In that appeal, a different panel of this Court affirmed…