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PEOPLE v. STEPHENS

Docket No. 65691, (Calendar No. 1).

416 Mich. 252 (1982)

330 N.W.2d 675

PEOPLE v. STEPHENS

Supreme Court of Michigan.

Decided December 23, 1982.

Opinion released January 13, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Edwin R. Brown, Assistant Prosecuting Attorney, for the people.

Michael E. Thomas, P.C., for the defendant.

RYAN, J.

In this case we are called upon to reconsider the so-called "misdemeanor cutoff" rule of People v Chamblis, 395 Mich. 408, 429; 236 N.W.2d 473 (1975).1 After careful consideration, we conclude that the policies behind the Chamblis rule would be better served by a more flexible approach to lesser included...

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