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PEOPLE v. MENDOZA

Docket No. 52583.

108 Mich. App. 733 (1981)

310 N.W.2d 860

PEOPLE v. MENDOZA.

Michigan Court of Appeals.

Decided August 18, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Randy H. Smith, Prosecuting Attorney, for the people.

Weitzel, Frye, Mullendore & Carr, for defendant on appeal.

Before: R.B. BURNS, P.J., and ALLEN and T. GILLESPIE, JJ.

ALLEN, J.

What must a defendant show before the affirmative defense of duress can be submitted to a jury in a trial for prison escape? Defendant raises this issue of first impression after the trial court refused to submit the duress defense to a jury and defendant was convicted on May 7, 1980, of prison escape. MCL 750.193; MSA 28.390. Defendant was sentenced to 18 months to five years in prison and appeals by right...

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