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PEOPLE v. UNGUREAN

Docket No. 16051.

51 Mich. App. 262 (1974)

214 N.W.2d 873

PEOPLE v. UNGUREAN

Michigan Court of Appeals.

Decided January 16, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Stanley Everett, Prosecuting Attorney, for the people.

Richard T. Greene, for defendant on appeal.

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

O'HARA, J.

Defendant was convicted after a jury trial under the so-called habitual criminal act. MCLA 769.12; MSA 28.1084. He appeals of right.

He asserts first that his conviction as a habitual criminal violated MCLA 780.131; MSA 28.969(1) and MCLA 780.133; MSA 28.969(3):

"Section 1. Whenever the department of corrections shall receive notice that there is pending in this state any untried warrant, indictment...

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