PEOPLE OF MI V LARRY JONES
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 4, 1997
Plaintiff-Appellee,
v
No. 195594
Recorder’s Court
LC No. 95-011834
LARRY JONES,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ.
MEMORANDUM.
Defendant was convicted of assault with intent to do great bodily harm less than murder, MCL
750.84; MSA 28.279, and sentenced to serve five to ten years in prison. He appeals as of right and
we affirm.
Contrary to defendant’s argument, the trial court made the requisite finding of fact on the record
that defendant personally, voluntarily, and understandingly waived his right to trial by jury. People v
Pasley, 419 Mich App 297, 302; 353 NW2d 440 (1984); People v James (After Remand), 192
Mich App 568, 570; 481 NW2d 715 (1992); People v Sullivan, 167 Mich App 39, 47-48; 421
NW2d 551 (1988). The trial court was not required to make findings of fact on the record with regard
to a written waiver of the right to trial by jury, because the requirement that waivers be made in writing
was abolished by the adoption of MCR 6.402. People v Reddick, 187 Mich App 547, 549; 468
NW2d 278 (1991).
Defendant has failed to overcome the presumption that his sentence—which was within the
sentencing guidelines—was proportionate to the offender and the offense. People v Eberhardt, 205
Mich App 587, 591; 518 NW2d 511 (1994).
Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Michael J. Kelly
/s/ Roman S. Gribbs
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