People v. Polhamus

At the conclusion of the December 5-6, 1973, nonjury trial, the trial court found defendant guilty of armed robbery. MCLA 750.529; MSA 28.797. On December 21, 1973, defendant was sentenced to 2-1/2 to 10 years in prison, with the appropriate credit for time served. That sentence was to run concurrently with the 3 to 10-year sentence previously imposed in the Clinton County Circuit Court. In the appeal before us, the principal claim of error is the omission from the file of a written waiver of jury trial as prescribed by MCLA 763.3; MSA 28.856.

Subsequent to a mistrial which had been declared…