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PEOPLE v. McCRACKEN

Docket Nos. 65376, 65634.

124 Mich. App. 711 (1983)

335 N.W.2d 131

PEOPLE v. McCRACKEN PEOPLE v. McBRIDE

Michigan Court of Appeals.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Paul F. Berger, Prosecuting Attorney, and C. Sherman Mowbray, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Sheila N. Robertson), for defendants.

Before: ALLEN, P.J., and BRONSON and WAHLS, JJ.

PER CURIAM.

In each of two cases, consolidated for purposes of appellate review, defendants challenge the prosecutor's authority to charge persons who have committed larceny of goods less than $100 in value (shoplifting), a misdemeanor, MCL 750.356; MSA 28.588, with larceny in a building, a felony, MCL 750.360; MSA 28.592. The question raised is now pending before the Supreme Court on leave granted in People v Gonzales and People v Howard, 409 Mich....

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