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PEOPLE v. ALLEN

Docket No. 31568.

80 Mich. App. 786 (1978)

265 N.W.2d 47

PEOPLE v. ALLEN

Michigan Court of Appeals.

Decided January 23, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Peter C. Jensen, Assistant Prosecuting Attorney, for the people.

Craig H. Dill, for defendant on appeal.

Before: DANHOF, C.J., and T.M. BURNS and M.J. KELLY, JJ.

DANHOF, C.J.

Defendant was convicted by a jury of armed robbery, MCLA 750.529; MSA 28.797, and first-degree criminal sexual conduct, MCLA 750.520b(1)(e); MSA 28.783(2)(1)(e), and sentenced to 12 to 20 years imprisonment. He appeals by right.

Defendant's attorney at first declined an instruction on the lesser offense of unarmed robbery when the possibility of such an instruction being given was discussed in chambers...

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