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PEOPLE v. VASHER

Docket No. 78-3880.

97 Mich. App. 372 (1980)

296 N.W.2d 30

PEOPLE v. VASHER

Michigan Court of Appeals.

Decided May 6, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Michael D. Lehto, Assistant Prosecuting Attorney, for the people.

Emmet Tracey, Jr., for defendant on appeal.

Before: M.J. KELLY, P.J., and BRONSON and D.C. RILEY, JJ.

PER CURIAM.

Following a jury trial, defendant was convicted of unlawful delivery of marijuana, contrary to MCL 335.341(1)(c); MSA 18.1070(41)(1)(c). He was subsequently sentenced to 13 months to 4 years in prison. Defendant now appeals as of right, claiming that the trial court reversibly erred by refusing to instruct on the lesser included offense of possession of marijuana, MCL 335.341(4)(d); MSA 18.1070(41)(4)(d).

The delivery of marijuana charge carries...

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