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PEOPLE v. SIMMONS

Docket No. 8,943.

24 Mich. App. 370 (1970)

180 N.W.2d 284

PEOPLE v. SIMMONS

Michigan Court of Appeals.

Decided June 3, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

Howard R. Grossman, for defendant on appeal.

Before: DANHOF, P.J., and McGREGOR and QUINN, JJ.

PER CURIAM.

Defendant and two co-defendants were charged with robbery armed in violation of MCLA § 750.529 (Stat Ann 1969 Cum Supp § 28.797). All three were found guilty by a jury in Genesee County Circuit Court. Defendant was sentenced to prison for a term of 20 to 40 years.

In this case, Orvel F. Simmons filed an application for leave to appeal grounded on an issue identical to that decided in People v. Merrell (1969),

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