PEOPLE v. RAYMOND SMITH

Docket No. 77-1654.

84 Mich. App. 376 (1978)

269 N.W.2d 469

PEOPLE v. RAYMOND SMITH

Michigan Court of Appeals.

Decided May 12, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter D. Houk, Prosecuting Attorney, and Michael G. Woodworth, Chief Appellate Attorney, for the people.

Sisk & Robson, P.C., for defendant.

Before: D.E. HOLBROOK, JR., P.J., and J.H. GILLIS and S. EVERETT, JJ.


PER CURIAM.

Defendant was convicted of welfare fraud over $500 by an Ingham County jury on January 5, 1977. He was sentenced on February 25, 1977, to a term of 14 months to 4 years in prison. He appeals as of right seeking reversal or, in the alternative, a remand to the lower court for a determination of the actual amount of the fraud and for resentencing.

Defendant's wife and child were receiving an ADC grant. When defendant returned home, the

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