People v. Turner

12 Citing cases

  1. People v. Dubis

    158 Mich. App. 504 (Mich. Ct. App. 1987)   Cited 4 times
    In Dubis, supra, another panel of this Court, following Turner, also rejected the argument that a delay was for just cause because it worked to the defendant's advantage and may have been instigated by him.

    However, it is only in the most limited and unusual circumstances that a delay beyond one year in sentencing is justified. People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979). At the conclusion of the hearing on remand, Judge Hoffius concluded that the present case was distinguishable from Turner, supra.

  2. People v. Richards

    205 Mich. App. 438 (Mich. Ct. App. 1994)   Cited 16 times

    Subsequent decisions of this Court have held that "absent good cause," a delay of more than a year in sentencing deprives the court of jurisdiction. People v Boynton, 185 Mich. App. 669; 463 N.W.2d 174 (1990); see also People v Dubis, 158 Mich. App. 504; 405 N.W.2d 181 (1987); People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979) (authority to sentence beyond the one-year limitation is permitted only in the "most limited and unusual circumstances"). The prosecution argues that defendant waived the one-year limitation by requesting adjournments so that the court could consider the outcome of the case before Judge Cooper.

  3. People v. Boynton

    185 Mich. App. 669 (Mich. Ct. App. 1990)   Cited 5 times
    In Boynton, 185 Mich App at 671, the precedent cited by the Court, this Court emphasized that "an unexcused violation of the one-year limit contained in the delayed sentencing statute affects only the court's authority to sentence the defendant, nothing more."

    We emphasize, however, that an unexcused violation of the one-year limit contained in the delayed sentencing statute affects only the court's authority to sentence the defendant, nothing more. People v Turner, 92 Mich. App. 485, 489-490; 285 N.W.2d 340 (1979). Since no good cause is apparent in this case for the delay beyond the one-year statutory limit, the court did lose jurisdiction to sentence defendant.

  4. People v. Saenz

    433 N.W.2d 861 (Mich. Ct. App. 1988)   Cited 2 times

    Where, as here, the offense is a probational offense, the case law on sentencing delays has been "codified" in MCL 771.1; MSA 28.1131. People v Turner, 92 Mich. App. 485, 488; 285 N.W.2d 340 (1979), and see Bracey, supra, holding that the enactment of this statute expressly authorizing a delayed sentence for probational offenses did not prohibit postponing sentencing for nonprobational offenses. The instant offense was a probational offense and, thus, the statutory requirements apply.

  5. People v. Bracey

    124 Mich. App. 401 (Mich. Ct. App. 1983)   Cited 5 times

    A delay in sentencing may bar a trial court from imposing sentence. People v Kennedy, 58 Mich. 372; 25 N.W. 318 (1885); People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979); People v West, 100 Mich. App. 498; 299 N.W.2d 59 (1980). No all delays, however, produce such a result.

  6. People v. Meyers

    124 Mich. App. 148 (Mich. Ct. App. 1983)   Cited 49 times
    Recognizing that this Court will not reverse a defendant's convictions where the jury observed defendant in handcuffs where there was no showing of prejudice

    Defendant failed to cite any authority in support of this contention, and we are aware of none. It is well-settled that a sentence may be deferred for a reasonable period and for a proper purpose. People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979). Since a sentencing judge may consider pending criminal charges in imposing sentence, People v Henry, 395 Mich. 367; 236 N.W.2d 489 (1975), we find that it is within a trial court's sound discretion to delay sentencing briefly to determine whether or not an outstanding charge results in a conviction.

  7. People v. Baker

    120 Mich. App. 89 (Mich. Ct. App. 1982)   Cited 6 times

    " (Footnote omitted.) In People v Turner, 92 Mich. App. 485, 489; 285 N.W.2d 340 (1979), the Court said: "Waiver of the right to be sentenced by consenting to a delay is meaningless.

  8. People v. McIntosh

    302 N.W.2d 321 (Mich. Ct. App. 1981)   Cited 7 times
    In McIntosh, supra, this Court held that the prosecutor did not abuse his discretion in charging defendant with larceny by conversion rather than The Court reasoned that the element of intent to deprive the owner permanently of his property requisite for the more serious crime differentiates the offenses so that it could not be said that refusal to return rented property is merely a specific species of larceny by conversion.

    By way of comparison, MCL 771.1; MSA 28.1131 permits a one-year delay to allow a defendant an opportunity to prove his eligibility for probation or other leniency. Cf. People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979). The reason for the delay provides some justification.

  9. People v. West

    299 N.W.2d 59 (Mich. Ct. App. 1980)   Cited 3 times
    In People v. West, 100 Mich.App. 498, 500-501, 299 N.W.2d 59 (1980), the Court's discussion about sentence credit is dictum, because the Court held that the trial court, by improperly delaying sentence, lost jurisdiction to sentence the defendant.

    When the trial court in this cause became apprised of the fact that defendant was incarcerated in New York, and, when later it was requested by defendant to impose concurrent sentences, it could have and should have taken the necessary steps to sentence defendant for his armed robbery conviction. In People v Turner, 92 Mich. App. 485; 285 N.W.2d 340 (1979), a panel of this Court found that an unauthorized delay in sentencing the defendant served to deprive the trial court of jurisdiction to sentence. Even though that defendant had consented to all five adjournments which occasioned the delay, this Court held that, "[t]he trial court cannot simply postpone sentencing and retain jurisdiction, except in the most limited and unusual of circumstances".

  10. People v. Smith

    496 Mich. 133 (Mich. 2014)   Cited 14 times   1 Legal Analyses
    Recognizing that a defendant's right to a speedy trial includes the right to be sentenced within a reasonably prompt time

    The trial court had no legal basis to trump the prosecutor's charging decision, much less dismiss the case after the defendant had pleaded to the charge and had never sought to withdraw his plea. See People v. McLott, 70 Mich.App. 524, 245 N.W.2d 814 (1976) (jurisdiction to impose sentence was not lost where the delay was only six days and because the trial court could not be present); People v. Turner, 92 Mich.App. 485, 285 N.W.2d 340 (1979); People v. Dubis, 158 Mich.App. 504, 405 N.W.2d 181 (1987); People v. Boynton, 185 Mich.App. 669, 463 N.W.2d 174 (1990)..MCR 7.215(C)(2).