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55 Mich. App. 61

222 N.W.2d 34

People v. Kennington

Michigan Court of Appeals

Decided August 14, 1974

Michigan Court of Appeals · decided 1974-08-14

Decided 1974-08-14

R. B. Burns, J.

¶1(concurring in results). I must disagree with the majority insofar as they hold that a trial judge has any discretion in committing a defendant to the center for forensic psychiatry, once a proper motion has been made for such commitment.

¶2In my opinion, when a defendant makes a proper motion in the trial court, for commitment to the center, it is mandatory that the trial judge then commit him. People v Ledbetter, 31 Mich App 160; 187 NW2d 507 (1971); People v Howard, *6537 Mich App 662; 195 NW2d 289 (1972); People v Jackson, 40 Mich App 237; 198 NW2d 714 (1972).

¶3However, in my opinion the defendant did not file a proper motion in the trial court for such a determination. The defendant raised the issue of competency to stand trial by an oral motion on the date of trial.

¶4GCR 1963, 786.1 states:

¶5"The issue of a defendant’s competence to stand trial … may be raised at any time before trial by a written motion to commit the defendant to the department of Mental Health.”

¶6Affirmed.

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