PEOPLE OF MI V ISAAC MUSTIN JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 26, 2000
Plaintiff-Appellee,
v
No. 217114
Wayne Circuit Court
LC No. 98-007271
ISAAC MUSTIN, JR.,
Defendant-Appellant.
Before: Bandstra, C.J., and Fitzgerald and D.B. Leiber*, JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of unarmed robbery, MCL 750.530;
MSA 28.798, for which he was sentenced to three years’ probation with the first ten months in
jail. Defendant appeals as of right and we affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
The sole issue on appeal is whether defendant properly waived his right to a trial by jury.
A review of the record shows that the trial court complied with MCR 6.402(B) and that
defendant also executed a written waiver of his right to a jury trial pursuant to MCL 763.3; MSA
28.856. That waiver authorized “any judge of the court” to conduct the trial, MCL 763.4; MSA
28.857; MCR 6.403, and we find nothing in the record to support defendant’s contention that he
intended to authorize or was led to believe that the waiver was limited to the judge before whom
it was made. Sinistaj v Burt, 66 F3d 804, 809 (CA 6, 1995). The trial court did not clearly err in
concluding that defendant knowingly and voluntarily waived his right to a jury trial. People v
Leonard, 224 Mich App 569, 595; 569 NW2d 663 (1997).
We affirm.
/s/ Richard A. Bandstra
/s/ E. Thomas Fitzgerald
/s/ Dennis B. Leiber
* Circuit judge, sitting on the Court of Appeals by assignment.
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