Summary
In Williams, the plea offer was made during the course of the trial, and the prosecutor told the defense counsel that he would have to get his superior's approval of the terms of the offer.
Summary of this case from People v. ToddOpinion
Docket No. 10150.
Decided November 24, 1971.
Appeal from Genesee, Philip C. Elliott, J. Submitted Division 2 September 7, 1971, at Lansing. (Docket No. 10150.) Decided November 24, 1971.
Clarence Williams was convicted of armed robbery. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.
Carl H. Leiter, for defendant on appeal.
Before: V.J. BRENNAN, P.J., and FITZGERALD and LEVIN, JJ.
Defendant was charged with armed robbery, tried before a jury, found guilty, and was given an 8- to 20-year sentence.
MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797).
The only issue raised is whether defendant is entitled to a reversal of his conviction for the crime of robbery armed based upon the claim that the jury verdict of "guilty as charged" was improper. The trial court, after hearing the clerk's inquiring of the jury panel as to its verdict, based on a raising of the jurors' hands, determined that the verdict of guilty of robbery armed was the unanimous verdict of the jury.
There was no objection raised below, though defense counsel was given adequate opportunity; and unless manifest injustice is shown, this Court will not review the issue. People v. Ramsey (1970), 25 Mich. App. 576; People v. Willis (1965), 1 Mich. App. 428; People v. Ritholz (1960), 359 Mich. 539. While the court's failure to request a recorded affirmative response or an independent polling of the jurors does not reflect optimum practice, no manifest injustice has appeared. The issue is not preserved for appeal and the trial court is affirmed.