PEOPLE v. SMITH

Docket No. 149523.

211 Mich. App. 233 (1995)

535 N.W.2d 248

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided May 26, 1995, at 9:30 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Dennis Hurst, Prosecuting Attorney, and Christine Clancy, Chief Appellate Attorney, for the people.

Don Ferris, for the defendant on appeal.

Before: FITZGERALD, P.J., and BRENNAN and J.M. BATZER, JJ.


BRENNAN, J.

Following a bench trial, defendant was convicted of second-degree criminal sexual conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), and was sentenced to three years' probation, with seven days to be served in jail. She appeals as of right. We reverse.

Defendant's assertions that she never waived the right to a jury trial on the record or signed a written waiver are not supported by the record. A review of the circuit court docket sheet indicates...

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