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PEOPLE v. STEWART

Docket No. 55230, (Calendar No. 5).

400 Mich. 540 (1977)

256 N.W.2d 31

PEOPLE v. STEWART

Supreme Court of Michigan.

Decided June 4, 1976.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training & Appeals, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Norris J. Thomas, Jr.) for defendant.

(ON REHEARING)

Decided June 4, 1976. Rehearing granted 398 Mich. 951.

BLAIR MOODY, JR., J.

Defendant Howard Stewart was convicted on March 8, 1971, of sale and possession of heroin in violation of MCLA 335.152; MSA 18.1122, and MCLA 335.153; MSA 18.1123. The defendant was sentenced from 20 to 25 years and from 7-1/2 to 10 years respectively.

Defendant appealed his conviction as a matter of right. The Court of Appeals affirmed defendant's conviction...

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