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PEOPLE v. LINZEY

Docket No. 49887.

112 Mich. App. 374 (1981)

315 N.W.2d 550

PEOPLE v. LINZEY.

Michigan Court of Appeals.

Decided December 2, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David E. McClernan, Prosecuting Attorney, and Leonard J. Malinowski, Assistant Attorney General, for the people.

Terrance P. Dignan, for defendant on appeal.

Before: T.M. BURNS, P.J., and D.E. HOLBROOK, JR., and K.B. GLASER, JJ.

PER CURIAM.

Following a jury trial, defendant was found guilty on two counts of armed robbery, but mentally ill, MCL 750.529; MSA 28.797. He was sentenced to a term of from 3 to 20 years in prison and appeals as of right.

Defendant raises six allegations of error which will be dealt with seriatim. The facts will be discussed as necessary.

Defendant first contends that the trial court erred by instructing the jury, over objection, on

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