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PEOPLE v. MARLAND

Docket Nos. 65706, 66547.

135 Mich. App. 297 (1984)

355 N.W.2d 378

PEOPLE v. MARLAND PEOPLE v. LANGE

Michigan Court of Appeals.

Decided June 18, 1984.

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.

Bruce Crossman, for defendant Marland on appeal.

Steven W. Moulton, for defendant Lange on appeal.

Before: M.J. KELLY, P.J., and SHEPHERD and R.I. COOPER, JJ.

R.I. COOPER, J.

Defendants were jointly tried and convicted by a jury of breaking and entering an occupied dwelling with intent to commit a larceny, MCL 750.110; MSA 28.305. Both defendants received sentences of 10 to 15 years in prison and both defendants appeal their convictions as of right.

The undisputed facts are as follows. Shortly after midnight, while doing a safety check in the parking lot of a 7-11...

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