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PEOPLE v. TURNER

Docket No. 65123.

123 Mich. App. 600 (1983)

332 N.W.2d 626

PEOPLE v. TURNER

Michigan Court of Appeals.

Decided February 25, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Paul L. Maloney, Prosecuting Attorney, and Angela Baryames, Assistant Prosecuting Attorney, for the people.

Timothy K. Dowling, for defendant on appeal.

Before: MacKENZIE, P.J., and R.B. BURNS and E.A. QUINNELL, JJ.

PER CURIAM.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. Defendant was sentenced to imprisonment for life and appeals by right.

Defendant first argues that life imprisonment for armed robbery is cruel and unusual punishment in violation of US Const, Am VIII and Const 1963, art 1, § 16. The dominant test controlling determination of cruel and unusual punishment under both constitutional provisions is whether the punishment is in excess...

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