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PEOPLE v. MILLER

Docket No. 62330.

406 Mich. 244 (1979)

277 N.W.2d 630

PEOPLE v. MILLER

Supreme Court of Michigan.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Eugene C. Penzien, and David A. Hoort, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Terence R. Flanagan) for defendant.

PER CURIAM:

Defendant asks the Court to reconsider its policy decision in People v Chamblis, 395 Mich. 408, 429; 236 N.W.2d 473 (1975), that:

"In any case wherein the charged offense is punishable by incarceration for more than two years, the court, whether or not requested, may not instruct on lesser included offenses for which the maximum...

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