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PEOPLE v. BINIECKI

Docket No. 9032.

35 Mich. App. 335 (1971)

192 N.W.2d 638

PEOPLE v. BINIECKI

Michigan Court of Appeals.

Decided July 28, 1971.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and Jerome D. Farmer, II, Assistant Prosecuting Attorney, for the people.

Keusch & Flintoft, for defendant.

Before: McGREGOR, P.J., and T.M. BURNS and ANDREWS, JJ.

Leave to appeal denied, 387 Mich. 764.

PER CURIAM.

Defendant, while serving a prison sentence at Cassidy Lake, took French leave. Upon his plea of guilty to the charge of escape,1 he was given a sentence of one year. Soon after his return to prison the corrections commission informed the trial judge that the sentence was invalid under MCLA § 769.28 (Stat Ann 1971 Cum Supp § 28.1097 [1]). Thereupon the defendant was returned...

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