PEOPLE v. MOORE

Docket No. 78-4651.

91 Mich. App. 319 (1979)

284 N.W.2d 483

PEOPLE v. MOORE

Michigan Court of Appeals.

Decided July 10, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Paul G. Bruno, Assistant Prosecuting Attorney, for the people.

Jack J. Kraizman, for defendant on appeal.

Before: DANHOF, C.J., and N.J. KAUFMAN and D.C. RILEY, JJ.


N.J. KAUFMAN, J.

We accept the facts as presented by Chief Judge DANHOF in his dissent and generally agree with his presentation of the law. Additionally, for the reasons stated in the dissent, we specifically note our disagreement with People v Allen, 79 Mich.App. 100; 261 N.W.2d 225 (1977). However, under the instant facts, we feel compelled to remand the case for resentencing and...

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