PEOPLE v. ACOSTA

Docket No. 79160.

143 Mich. App. 95 (1985)

371 N.W.2d 484

PEOPLE v. ACOSTA

Michigan Court of Appeals.

Decided May 20, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gary M. Gabry, Prosecuting Attorney, and Leonard J. Malinowski, Assistant Attorney General, for the people.

O'Connor, McNamara & O'Keeffe (by Herbert D. Ward, Jr.), for defendant on appeal.

Before: GRIBBS, P.J., and MacKENZIE and J.B. SULLIVAN, JJ.


GRIBBS, P.J.

Defendant was convicted by a jury of assault with a dangerous weapon (felonious assault). MCL 750.82; MSA 28.277. He appeals as of right. We reverse.

Defendant's conviction arose out of an altercation in a bar where defendant allegedly stabbed another patron. He was originally charged with felonious assault. Defendant and the prosecution entered into a plea agreement whereby the case was to be remanded to district court where defendant could enter...

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