People v. Gasco

Defendant was convicted by a jury which found him to be guilty of breaking and entering an occupied dwelling, MCL 750.110; MSA 28.305, but mentally ill. MCL 768.36(1); MSA 28.1059(1). He was sentenced to 10 to 15 years imprisonment and appeals as of right.

The sole issue raised on appeal asserts that defendant’s exclusion from an in-chambers presentence conference between defense counsel and the trial judge, requires remand for resentencing.

In 16 published and unpublished opinions released since August, 1979, this Court has declined to reverse or remand for resentencing because the defendant…