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PEOPLE v. WILKINS

Docket No. 61974.

121 Mich. App. 813 (1982)

329 N.W.2d 500

PEOPLE v. WILKINS

Michigan Court of Appeals.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gary L. Walker, Prosecuting Attorney, and Leonard J. Malinowski, Assistant Attorney General, for the people.

Heitman & Summers (by Michael G. Summers), for defendant on appeal.

Before: D.F. WALSH, P.J., and ALLEN and M.F. CAVANAGH, JJ.

D.F. WALSH, P.J.

Defendant, Marcellus Wilkins, was convicted of attempted prison escape. MCL 750.193; MSA 28.390. On the morning of December 18, 1981, the court sentenced him to a prison term of from two to five years. The presentence report, upon which the court relied, erroneously stated that defendant had been convicted of prison escape. Later on the day of sentencing, the court realized that defendant had been convicted of attempted prison escape and advised the...

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