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PEOPLE v. POTTS

Docket No. 13001.

45 Mich. App. 584 (1973)

207 N.W.2d 170

PEOPLE v. POTTS.

Michigan Court of Appeals.

Decided March 27, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and F. Hubert Mather, Prosecuting Attorney, for the people.

Judith K. Munger, Assistant State Appellate Defender, for the defendant.

Before: HOLBROOK, P.J., and FITZGERALD and VAN VALKENBURG, JJ.

FITZGERALD, J. (for remand and resentencing).

This writer and the other panel member, VAN VALKENBURG, J., concur in the opinion filed in the instant case in all respects, save as to part II thereof.

Being committed as we are to the view expressed in People v McFarlin, 41 Mich.App. 116 (1972), we necessarily dissent from that portion of the instant opinion...

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