PEOPLE v. McWHORTER

Docket No. 90350.

150 Mich. App. 826 (1986)

389 N.W.2d 499

PEOPLE v. McWHORTER

Michigan Court of Appeals.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, James J. Gregart, Prosecuting Attorney, and Robert E.L. Wright, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by F. Martin Tieber), for defendant on appeal.

Before: R.B. BURNS, P.J., and R.M. MAHER and GRIBBS, JJ.


PER CURIAM.

Defendant was convicted by a jury of kidnapping, MCL 750.349; MSA 28.581, and conspiracy to kidnap, MCL 750.157a; MSA 28.354(1). He was sentenced to concurrent terms of 2 to 5 years in prison on each count.

Defendant appealed and, in an unpublished opinion per curiam, we reversed on two grounds. We concluded that the prosecutor's comments in closing argument that defendant's presence at trial afforded him an opportunity to fabricate a story and...

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