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PEOPLE v. PROSSER

Docket No. 44580.

99 Mich. App. 122 (1980)

298 N.W.2d 5

PEOPLE v. PROSSER

Michigan Court of Appeals.

Decided July 24, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John A. Smietanka, Prosecuting Attorney, and Angela Baryames, Assistant Prosecuting Attorney, for the people.

Frederick E. Salim (Philip J. Olson, II, of counsel), for defendant.

Before: ALLEN, P.J., and M.F. CAVANAGH and C.W. SIMON, JR., JJ.

PER CURIAM.

Following a bench trial on January 12, 1979, defendant was convicted of possession of heroin, contrary to MCL 335.341(4)(a) MSA 18.1070(41)(4)(a) [repealed by 1978 PA 368, effective September 30, 1978, now MCL 333.7403; MSA 14.15(7403)]. Defendant was, at that time, further convicted as an habitual offender, MCL 769.12; MSA 28.1084, and sentenced to prison for a term of four to eight years. Defendant appeals by right.

The only issue in this appeal...

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