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PEOPLE v. ODNEAL

Docket No. 97019.

166 Mich. App. 203 (1987)

420 N.W.2d 104

PEOPLE v. ODNEAL

Michigan Court of Appeals.

Decided September 29, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Margaret G. Horenstein, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jennifer A. Pilette), for defendant on appeal.

Before: R.M. MAHER, P.J., and WAHLS and J.B. SULLIVAN, JJ.

PER CURIAM.

This is the second time this case comes before us on the basis of sentencing error. We remand for the purpose of resentencing defendant on his habitual offender, fourth offense, conviction.

On November 8, 1984, defendant pled guilty to assaulting a corrections officer, MCL 750.197c; MSA 28.394(3), and habitual offender, fourth offense, MCL 769.12; MSA 28.1084. He was sentenced on December 12, 1984, by the Oakland Circuit Court to a term of from...

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