PEOPLE OF MI V WILLIAM JABEZ TREMAIN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 20, 1997
Plaintiff-Appellee,
v
No. 197366
St. Clair Circuit Court
LC No. 95-3437 FH
WILLIAM JABZE TREMAIN,
Defendant-Appellant.
Before: Gage, P.J., and Reilly and Hoekstra, JJ.
MEMORANDUM.
Defendant claims an appeal from his guilty plea-based conviction of felonious driving and
sentence to one year incarceration. This case is being decided without oral argument pursuant to MCR
7.214(E).
At the outset, we reject the prosecutor’s jurisdictional challenge. Defendant’s crime was
committed prior to amendment of Const 1963, art 1, §20, effective December 24, 1994, and
accordingly defendant retained the right to appeal following entry of a judgment of sentence after a guilty
plea. See the Supreme Court’s Statement on Amendment of the Court Rules following the passage of
Proposition B, 447 Mich cl (1994).
The trial court more than adequately articulated appropriate reasons for the sentence imposed.
See People v Broden, 428 Mich 343; 408 NW2d 789 (1987). Defendant’s challenge to the
conditions of restitution in his original sentence is moot, the trial court having vacated those aspects of
the sentence by its order of April 25, 1996. Defendant’s unconditional plea of guilty waives the right to
assert denial of his right to speedy trial on appeal. People v Depifanio, 192 Mich App 257, 258; 480
NW2d 616 (1991). To the extent defendant may be seen to claim that his due process right to a fair
trial has been infringed by pre-arrest delay, his plea of guilty also waived such a contention, obviating
any concern that the defense had been substantially prejudiced by the delay. People v White, 208
Mich App 126, 134; 527 NW2d 34 (1995).
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Affirmed.
/s/ Hilda R. Gage
/s/ Maureen Pulte Reilly
/s/ Joel P. Hoekstra
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