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PEOPLE v. HARPER

Docket Nos. 9549, 9552, 10153.

39 Mich. App. 134 (1972)

197 N.W.2d 338

PEOPLE v. HARPER

Michigan Court of Appeals.

Decided March 21, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Don L. Milbourn, Assistant Prosecuting Attorney, for the people.

H. Arthur Feldman, for defendant Harper on appeal.

Frank J. Starkey, for defendant Fecteau on appeal.

Before: DANHOF, P.J., and T.M. BURNS and VAN VALKENBURG, JJ.

DANHOF, J.

We are confronted with three appeals from convictions of sale of narcotics. MCLA 335.152; MSA 18.1122. No 9549 is defendant Harper's appeal from a conviction after he was tried jointly with defendant Fecteau. No. 9552 is Fecteau's appeal from this same proceeding. In both these cases we affirm. However, No 9552 must be remanded for resentencing. No 10153 is Harper's appeal of a separate conviction for the same offense. In this case the judgment and sentence...

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