People v. Hooper

233 N.W.2d 225, 62 Mich. App. 181, 1975 Mich. App. LEXIS 1045

Opinions

J. H. Gillis, J.

Defendant was found guilty by a jury of armed robbery. MCLA 750.529; MSA 28.797. He was sentenced on July 9, 1973, to a term of 8 to 20 years and appeals as a matter of right.

On appeal defendant asserts six assignments of error. We find that only two of these merit consideration. The other issues are controlled by the following cases: People v Henderson, 47 Mich App 53; 209 NW2d 326 (1973), People v Roberson, 55 Mich App 413; 222 NW2d 761 (1974), People v McShan, 53 Mich App 407; 219 NW2d 792 (1974), and People v Erb, 48 Mich App 622; 211 NW2d 51 (1973).

Defendant contends that the trial judge committed reversible error by failing to exercise his discretion in denying defendant’s pretrial motion to exclude reference to defendant’s prior criminal record. We have examined the record and determined that the trial judge did exercise his discretion in denying the motion. People v Jackson, 391 Mich 323; 217 NW2d 22 (1974).

Defendant also contends that the trial court erred in determining that defendant’s confession was voluntary and admissible. The trial court conducted a Walker hearing on October 26, 1972, and ruled that the signed statement was voluntary and admissible. In addition, the court ruled admissible several other statements which defendant made to police officers subsequent to his arrest, and ruled inadmissible two other statements. We find no reversible error in the court’s determination on this issue.

In a supplemental brief, defendant raised a seventh issue. This assignment of error is without merit in the light of People v Milton, 393 Mich 234; 224 NW2d 266 (1974).

Affirmed.