People v. Little

On June 6, 1984, in a second jury trial, defendant, Donald R. Little, Jr., was corn victed of felonious assault, MCL 750.82; MSA 28.277. He then pled guilty to being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to serve not less than twenty-four months nor more than six years in prison. He appeals by leave granted.

In the first trial, after a noon recess and near the close of the prosecution’s proofs, the trial judge (John E. Fitzgerald, then a Kalamazoo circuit judge) met with counsel in chambers to explain that he felt that he must declare a mistrial…