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PEOPLE v. VAN AUKER

Docket No. 44917.

111 Mich. App. 478 (1981)

314 N.W.2d 657

PEOPLE v. VAN AUKER

Michigan Court of Appeals.

Decided November 30, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter D. Houk, Prosecuting Attorney, and Janis L. Blough, Chief Appellate Attorney, for the people.

James Krogsrud, Assistant State Appellate Defender, and John Nussbaumer, Research Attorney, for defendant on appeal.

Before: BEASLEY, P.J., and M.J. KELLY and N.A. BAGULEY, JJ.

BEASLEY, P.J.

Defendant, David Reeves Van Auker, was found guilty by a jury of assault with intent to do great bodily harm less than murder, in violation of MCL 750.84; MSA 28.279. Shortly thereafter, defendant was convicted by a second jury as an habitual (fourth felony) offender, in violation of MCL 769.12; MSA 28.1084. Defendant was sentenced to a flat term of 10 years in prison, with credit for time already served. He now appeals as of right.

Defendant...

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