People v. Beard

Michigan Court of Appeals

People v. Beard

169 N.W.2d 509, 17 Mich. App. 409, 1969 Mich. App. LEXIS 1219

CourtMichigan Court of Appeals

DecidedMay 27, 1969

DocketDocket 6,054

StatusPublished

Cited by9 cases

This text of 169 N.W.2d 509 (People v. Beard) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Beard, 169 N.W.2d 509, 17 Mich. App. 409, 1969 Mich. App. LEXIS 1219 (Mich. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Defendant pleaded guilty to the charge of robbery armed, CLS 1961, § 750.529 (Stat Ann 1969 Cum Supp § 28.797), and was sentenced to 25 to 35 years in prison.

Defendant raises one issue on this appeal. He contends that the trial judge did not conform to the requirements of CL 1948, § 769.8 (Stat Arm 1954 Rev § 28.1080), at the time of passing sentence in that he did not make the county probation department report available to the defendant or his counsel.

CL 1948, § 769.8, supra, places no affirmative duty on the trial judge to furnish the defendant with a copy of the probation report. It is not error for the court to impose final sentence without giving defendant and his counsel opportunity to review the report and present witnesses to show errors in it. People v. Camak (1967), 5 Mich App 655.

In addition, review of the sentencing transcript reveals that at no time during the proceeding did defendant or his counsel request an opportunity to see the probation report. The' record further indicates that defendant and his counsel were given ample opportunity to say anything which could be considered in defendant’s favor before sentence was passed.

Affirmed.

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