PEOPLE v. BAKER

Docket No. 62673.

127 Mich. App. 297 (1983)

338 N.W.2d 391

PEOPLE v. BAKER

Michigan Court of Appeals.

Decided June 1, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Bruce Plackowski, Prosecuting Attorney, and Michael A. Nickerson, Assistant Attorney General, Prosecuting Attorneys Appellate Service, for the people.

State Appellate Defender (by Terence R. Flanagan), for defendant on appeal.

Before: DANHOF, C.J., and ALLEN and D.F. WALSH, JJ.


PER CURIAM.

Defendant was convicted of resisting or obstructing a police officer in the discharge of his duty, MCL 750.479; MSA 28.747, following a jury trial. He was placed on probation for two years with the first six months to be spent in jail. Defendant appeals his conviction as of right.

Defendant claims that the trial court erred by refusing to instruct the jury on a lesser offense of attempted resisting arrest. The trial court ruled that, because the...

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