PEOPLE OF MI V LIONEL MASSENGALE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 31, 2001
Plaintiff-Appellee,
v
No. 224914
Wayne Circuit Court
LC No. 99-000156
LIONEL MASSENGALE,
Defendant-Appellant.
Before: Wilder, P.J., and Hood and Griffin, JJ.
MEMORANDUM.
Defendant appeals as of right his bench trial conviction for possession of less than 25
grams of cocaine, MCL 333.7401(2)(a)(v). We affirm.
On appeal, defendant argues that his conviction should be overturned because he was
never arraigned on the information. However, the lower court file indicates that defendant was
arraigned in circuit court on either January 12 or January 13, 1999. The file also indicates that
defendant waived a preliminary examination. The file identifies the defense attorney, assistant
prosecuting attorney, court reporter, and court clerk. Where defendant failed to order the
transcript to determine whether the arraignment was held, he has failed to preserve this issue for
appeal. Thomas v McGinnis, 239 Mich App 636, 649; 609 NW2d 222 (2000).
Unless defendant waives arraignment or the court finds good cause for delay, the court
must arraign defendant on the scheduled date. Unless defendant demonstrates actual prejudice,
failure to hold the arraignment on the scheduled date is harmless error. MCR 6.113(A). There is
no indication that defendant was prejudiced by any arraignment error. He did not raise this issue
below. Nothing in the record shows that defendant was unaware of the nature of the charges
against him. There is no showing that plain error affected defendant’s substantial rights. People
v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999).
Affirmed.
/s/ Kurtis T. Wilder
/s/ Harold Hood
/s/ Richard Allen Griffin
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