People v. Behm

Full title: PEOPLE v BEHM (ON REMAND) PEOPLE v PATTERSON (ON REMAND) PEOPLE v…

Court: Michigan Court of Appeals

Date published: Mar 7, 1974

216 N.W.2d 631 (Mich. Ct. App. 1974)

216 N.W.2d 631

Opinion

Docket Nos. 13292, 13294, 13331.

Decided March 7, 1974.

Appeal from St. Clair, Halford I. Streeter, J. Submitted Division 2 February 13, 1973, at Lansing. (Docket Nos. 13292, 13294, 13331.) Decided March 7, 1974.

Michael K. Behm, Lawrence P. Patterson, and Michael J. Whitehead were convicted of kidnapping. Behm was also convicted of armed robbery. Defendants appealed. Affirmed, 45 Mich. App. 614 (1973). Remanded by the Supreme Court for reconsideration of kidnapping conviction, 391 Mich. 752. Reversed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Walter W. Turton, Prosecuting Attorney, Peter E. Deegan, Chief Assistant Prosecuting Attorney, and Thomas R. Lewis, Director, Prosecuting Attorneys Appellate Service.

Stuart M. Israel, Assistant State Appellate Defender, for defendants.

Before: McGREGOR, P.J., and QUINN and PETERSON, ^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Pursuant to an order of the Supreme Court dated December 27, 1973, in People v Whitehead, Behm, Patterson, Nos. 54942-3-4 ( 391 Mich. 752), we have reviewed our decision in these cases as it appears in 45 Mich. App. 614; 207 N.W.2d 200 (1973), in the light of People v Adams, 389 Mich. 222; 205 N.W.2d 415 (1973).

This review establishes that the trial court failed to instruct the jury on asportation as mandated by Adams, supra. This failure compels reversal of defendants' convictions for kidnapping.

Reversed.