People v. Hayes

Defendant Isaac Hayes was convicted by a jury of preparation to burn 1 and sentenced to 2 to 4 years imprisonment. We reverse the conviction and remand the case for a new trial of the single count on which defendant was convicted.

I

The defense made a pretrial motion for suppression of defendant’s prior conviction of assault with intent to rob and steal being armed. The trial court granted the motion, stating:

"The Court: Okay. The motion is granted with the understanding, * * * that you’re free to seek to impeach prosecution witnesses if you wish if they do have any criminal record, but that if…