PEOPLE OF MI V TERRENCE PAUL KING
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 10, 1997
Plaintiff-Appellee,
v
No. 195212
Recorder’s Court
LC No. 95-005661
TERRENCE PAUL KING,
Defendant-Appellant.
Before: Doctoroff, P.J., and Cavanagh and Saad, J.J.
MEMORANDUM.
Defendant appeals by right his jury convictions of carjacking and armed robbery. He contends
that the trial court abused its discretion in denying his motion for new trial based on newly discovered
evidence, consisting of the recantation of the principal identification witness at trial, a confederate in the
crime.
Although this witness had purported to recant at his own sentencing on a plea bargained
conviction to a reduced charge, after being examined by the court under oath, the witness validated his
prior testimony against defendant as well as the factual basis given under oath in support of his own
guilty plea. Having determined that the recantation was itself recanted, the trial court did not abuse its
discretion in denying defendant’s motion for new trial on this basis. People v Lowenstein, 309 Mich
94, 98-99; 14 NW2d 794 (1944).
Affirmed.
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh
/s/ Henry W. Saad
-1
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