PEOPLE v. EVANS

Docket No. 52424.

115 Mich. App. 711 (1982)

321 N.W.2d 686

PEOPLE v. EVANS

Michigan Court of Appeals.

Decided March 22, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Janice M. Joyce, Assistant Prosecuting Attorney, for the people.

Richard B. Ginsberg, Assistant State Appellate Defender, for defendant on appeal.

Before: N.J. KAUFMAN, P.J., and V.J. BRENNAN and CYNAR, JJ.


PER CURIAM.

Defendant was convicted by a jury of unarmed robbery, MCL 750.530; MSA 28.798. On July 9, 1979, he was sentenced to a term of 7 to 15 years in prison. Defendant appeals as of right.

Defendant first argues that the trial court's instruction regarding the circumstances under which the jury could consider the lesser included offenses constituted reversible error. The instruction at issue provided that:

"The Court: * * *

"I am...

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