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PEOPLE v. HARRISON

Docket No. 26214.

71 Mich. App. 226 (1976)

247 N.W.2d 360

PEOPLE v. HARRISON

Michigan Court of Appeals.

Decided September 8, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel and James L. McCarthy, Assistant Prosecuting Attorney, for the people.

Howard S. Siegrist, for defendant.

Before: BASHARA, P.J., and M.F. CAVANAGH and D.T. ANDERSON, JJ.

Leave to appeal applied for.

M.F. CAVANAGH, J.

Defendant was convicted by a jury of delivery of a controlled substance, MCLA 335.341; MSA 18.1070(41), and sentenced to 2 to 20 years imprisonment.

Defendant's conviction must be reversed because the trial judge refused to instruct on the lesser included offenses of attempted delivery and of possession despite defense counsel's request. People v Lovett, 396 Mich. 101

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