People v. Corbin

Defendant was convicted, at a bench trial, of receiving or concealing stolen property over the value of $100. MCL 750.535; MSA 28.803. He was sentenced to a prison term of from two to five years and appeals by right.

Defendant first argues that his waiver of a jury trial was ineffective. We agree. The statute requires that the waiver be in writing, signed by the defendant, and made a part of the record. MCL 763.3; MSA 28.856. The statute also states that the waiver "must be made in open court”. Id. The "open court” provision of the statute at one time was held to require oral acknowledgment of…