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PEOPLE v. PENN

Docket No. 51181.

102 Mich. App. 731 (1981)

302 N.W.2d 298

PEOPLE v. PENN

Michigan Court of Appeals.

Decided January 6, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

R. Steven Whalen, Assistant State Appellate Defender, for defendant on appeal.

Before: BRONSON, P.J., and J.H. GILLIS and CYNAR, JJ.

J.H. GILLIS, J.

J.H. GILLIS, J.

Defendant was charged with first-degree felony-murder. MCL 750.316; MSA 28.548. As part of a plea bargain, he was permitted to plead to second-degree murder, MCL 750.317; MSA 28.549, in exchange for his promise to testify against his codefendants. He testified as promised, and, at the sentencing, the probation department recommended a sentence of from 8 to 15 years. Instead, however, the trial court sentenced defendant to life...

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