PEOPLE v. COLES

Docket Nos. 60641, 60893, 62938. (Calendar Nos. 11-13).

417 Mich. 523 (1983)

339 N.W.2d 440

PEOPLE v. COLES PEOPLE v. JOSEPH GONZALES PEOPLE v. WAITS

Supreme Court of Michigan.

Decided October 24, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert E. Weiss, Prosecuting Attorney, and Donald A. Kuebler, Chief, Appellate Division, for the people in Waits; and Edwin R. Brown, Assistant Prosecuting Attorney, for the people in Coles.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert H. Cleland, Prosecuting Attorney, and C. Denton Wolf, Chief Appellate Attorney, for the people in Gonzales.

William L. Grossman for defendant Coles.

State Appellate Defender (by F. Martin Tieber, Deputy Defender and P.E. Bennett, Assistant Defender) for defendant Gonzales.

Lawson & Lawson, P.C. (by David M. Lawson), for defendant Waits.

Amici Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Mary C. Smith, Assistant Attorney General, for the Attorney General.

Mogill, Posner, Cohen & Weiss (by Marjory B. Cohen) for Criminal Defense Attorneys of Michigan.

Carol S. Irons for the Prosecuting Attorneys Association of Michigan.


CAVANAGH, J.

Defendant Coles, an 18-year-old with no prior record, was convicted by a jury of armed robbery1 and sentenced to a term in prison of 15 to 25 years. His conviction and sentence were affirmed by the Court of Appeals.

Defendant Waits was convicted by a jury of delivery of heroin2 and sentenced to a term in prison of 13 to 20 years. Defendant Waits' prior record consists of several misdemeanor...

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