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PEOPLE v. VAN AUKER

Docket No. 69351.

132 Mich. App. 394 (1984)

347 N.W.2d 466

PEOPLE v. VAN AUKER

Michigan Court of Appeals.

Decided February 21, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Peter D. Houk, Prosecuting Attorney, Janis L. Blough, Chief Appellate Attorney, and Charles R. Toy, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by James Krogsrud), for defendant on appeal.

Before: BRONSON, P.J., and CYNAR and SHEPHERD, JJ.

AFTER REMAND

PER CURIAM.

Defendant appeals as of right from his plea-based conviction as a third-time habitual offender, MCL 769.11; MSA 28.1083. Both claims of error raised by defendant here relate to sentencing.

Defendant was first convicted on January 23, 1979, of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and of being a fourth-time felony offender, MCL 769.12; MSA 28.1084. Defendant's flat ten-year sentence...

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