PEOPLE OF MI V JOHNNY DARYL TURNBOEAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
November 17, 1998
LC No. 94-006191
JOHNNY DARYL TURNBOE,
Before: Young, Jr., P.J., and Wahls and Jansen, JJ>
Defendant appeals by right his conviction for probation violation. We affirm. This appeal is
being decided without oral argument pursuant to MCR 7.214(E).
On June 5, 1995, defendant, represented by counsel, pleaded guilty to a probation violation
charge. Defendant testified that he failed to comply with the terms of his probation when he failed to
participate in court-ordered group therapy at the Recorder’s Court Psychiatric Clinic. The court
accepted the plea. Sentencing was delayed due to adjournments necessitated by the appointment of
several substitute counsel. Prior to sentencing, a psychiatric evaluation was performed, and the court
determined that defendant was competent.
MCL 330.2020; MSA 14.800(1020) provides that a defendant shall be presumed competent
to stand trial. A defendant may be found incompetent to stand trial only if he is incapable of
understanding the nature and object of the proceedings against him, or of assisting in his defense in a
rational manner. The trial court obtained a competency evaluation and determined that defendant was
competent. Defendant presented no evidence of incompetence, and there is no showing that the trial
court erred in finding him competent to enter a plea. People v Belanger, 73 Mich App 438; 252
NW2d 472 (1977).
Defendant claims that he was denied his right to a speedy trial. However, this claim is centered
on an unrelated charge of assault with intent to commit great bodily harm. That charge is not part of the
instant appeal. The delays in sentencing were caused by repeated substitution of defense counsel, and
are chargeable to defendant. Where defendant received credit for time served, there is no showing that
he was prejudiced by the delay. Where defendant had entered his guilty plea prior to the delays, the
trial court did not err in continuing defendant’s bond pending sentencing. MCR 6.106.
/s/ Robert P. Young, Jr.
/s/ Myron H. Wahls
/s/ Kathleen Jansen