PEOPLE v. GASCO

Docket No. 49124.

104 Mich. App. 594 (1981)

305 N.W.2d 552

PEOPLE v. GASCO

Michigan Court of Appeals.

Decided March 16, 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.

George S. Buth, for defendant on appeal.

Before: ALLEN, P.J., and J.H. GILLIS and D.F. WALSH, JJ.


J.H. GILLIS, J.

Defendant was convicted by a jury which found him to be guilty of breaking and entering an occupied dwelling, MCL 750.110; MSA 28.305, but mentally ill. MCL 768.36(1); MSA 28.1059(1). He was sentenced to 10 to 15 years imprisonment and appeals as of right.

The sole issue raised on appeal asserts that defendant's exclusion from an in-chambers presentence conference between defense counsel and the trial judge requires remand for resentencing...

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