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PEOPLE v. PENCE

Docket No. 12856.

42 Mich. App. 215 (1972)

201 N.W.2d 275

PEOPLE v. PENCE.

Michigan Court of Appeals.

Decided July 26, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, and Donald A. Johnston, III, Chief Appellate Attorney, for the people.

Richard S. McMillin, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and HOLBROOK and O'HARA, JJ.

O'HARA, J. (for affirmance).

As is suggested in Judge BURNS' dissent, the only issue of merit before us on appeal is the use by the trial judge of the defendant's juvenile record.

Judge HOLBROOK and I decline to follow cited McFarlin,1 and adhere to the holding in People v Coleman, 19 Mich.App. 250 (1969) for the following reasons.

First, we think McFarlin...

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