(dissenting). Because the lower court used the 16-year-old defendant’s juvenile record in determining sentence, I am obliged to disagree with the holding of the majority opinion. I am aware that this issue has not been resolved and is presently before the Supreme Court. I, nevertheless, feel that I must dissent.
I likewise feel obliged to mention the obvious fact that the young defendant was waived out of juvenile court. The appellant does not raise this as an issue, but I believe the Court should, sua sponte, at leást mention a situation as critical as this one. Once the issue is raised, one of the questions would be whether or not to pass on the validity of the waiver or to withhold decision until People v Fields, 388 Mich 66 (1973), now before our Supreme Court on rehearing, has been handed down.
On the question of consideration of the juvenile record by the lower court, I feel this is sufficient to warrant a reversal and a new trial.