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PEOPLE v. ELMORE

Docket No. 78-43.

94 Mich. App. 304 (1979)

288 N.W.2d 216

PEOPLE v. ELMORE

Michigan Court of Appeals.

Decided December 18, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harvey A. Koselka, Prosecuting Attorney (by Leonard J. Malinowski, Assistant Attorney General, Prosecuting Attorneys Appellate Service), for the people.

Robert Elmore, in propria persona.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and CYNAR, JJ.

CYNAR, J.

Defendant was convicted by a jury of delivery of a controlled substance (heroin), MCL 335.341(1)(a); MSA 18.1070(41)(1)(a), and of being an habitual offender, MCL 769.11; MSA 28.1083, and was sentenced under the above provisions and under MCL 335.348; MSA 18.1070(48), to 53 years 4 months to 80 years imprisonment. Defendant appeals as of right in propria persona.

Defendant initially contends that the lower court's use of both the habitual...

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