PEOPLE v. OWCZARZAK

Docket No. 78942.

144 Mich. App. 65 (1985)

372 N.W.2d 683

PEOPLE v. OWCZARZAK

Michigan Court of Appeals.

Decided July 1, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, George B. Mullison, Prosecuting Attorney, and Thomas J. Rasdale, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Mardi Crawford), for defendant on appeal.

Before: SHEPHERD, P.J., and D.E. HOLBROOK, JR., and M.F. SAPALA, JJ.


M.F. SAPALA, J.

After a nonjury trial, defendant was convicted of delivery of the controlled substance marijuana, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c). Defendant subsequently pled guilty as a third-time felony offender, MCL 769.11; MSA 28.1083. Defendant was sentenced to imprisonment for 18 months to 6 years, and he appeals as of right.

Defendant argues that he was entrapped. A claim of entrapment is resolved at a separate evidentiary hearing at which...

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