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PEOPLE v. AGUILAR

Docket No. 50490.

105 Mich. App. 258 (1981)

306 N.W.2d 472

PEOPLE v. AGUILAR

Michigan Court of Appeals.

Decided April 9, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Chief Appellate Attorney, for the people.

Alejandro C. Palacios, for defendant on appeal.

Before: R.M. MAHER, P.J., and R.B. BURNS and D.F. WALSH, JJ.

D.F. WALSH, J.

Appellant, Gerardo Aguilar, and his brother, Perfecto Aguilar, were jointly charged and jointly tried on two counts of assault with a deadly weapon. MCL 750.82; MSA 28.277. Both were represented by the same counsel. Gerardo was convicted on both counts; Perfecto was acquitted. Gerardo appealed, and we reversed on Count II but affirmed on Count I. Motion was then filed in the trial court for leave to file a delayed motion for a new trial. That motion...

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