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PEOPLE v. McFADDEN

Docket No. 27065.

73 Mich. App. 232 (1977)

251 N.W.2d 297

PEOPLE v. McFADDEN

Michigan Court of Appeals.

Decided January 6, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief, Appellate Division, for the people.

Thomas L. Gadola, for defendant.

Before: D.E. HOLBROOK, P.J., and ALLEN and D.C. RILEY, JJ.

ALLEN, P.J.

May a trial court, acting under authority of § 48 of the Controlled Substances Act,1 impose a sentence of up to twice the normal sentence for a second conviction of a crime relating to drugs, without affording the defendant a hearing or other opportunity to require the people to prove the alleged prior conviction? This question of first impression is raised after defendant...

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