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PEOPLE v. McDIARMID

Docket No. 25726.

82 Mich. App. 499 (1977)

266 N.W.2d 760

PEOPLE v. McDIARMID

Michigan Court of Appeals.

Decided February 24, 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.

Edward P. Joseph, for defendant on appeal.

Before: D.E. HOLBROOK, JR., P.J., and V.J. BRENNAN and BRONSON, JJ.

PER CURIAM.

On May 5, 1975, defendant Mark Alan McDiarmid pled guilty in Genesee County Circuit Court to delivering heroin contrary to MCLA 335.341(1)(a); MSA 18.1070(41)(1)(a). He was sentenced on August 21, 1975, to a prison term of 13 to 20 years. Subsequently, defendant filed a motion requesting resentencing upon the basis of an affidavit alleging use by the trial court of improper and inaccurate information1 in the original sentencing...

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