PEOPLE v. RIMMER

Docket No. 20522.

59 Mich. App. 645 (1975)

230 N.W.2d 170

PEOPLE v. RIMMER

Michigan Court of Appeals.

Decided March 13, 1975.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Sauer, Girard & Sterling (by Robert E. Stout), for defendant.

Before: ALLEN, P.J., and T.M. BURNS and R.M. MAHER, JJ.


PER CURIAM.

On February 15, 1974, defendant Kenneth K. Rimmer was tried without a jury and found guilty of breaking and entering an occupied dwelling with intent to commit larceny. MCLA 750.110; MSA 28.305. On March 7, 1974, defendant was sentenced to serve 6 to 15 years in prison.

On appeal defendant asserts that since he did not waive his right to jury trial as required by statute, the ordering of a new trial is mandated.1

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