PEOPLE v. HUGHES

Docket No. 96436.

165 Mich. App. 548 (1987)

418 N.W.2d 913

PEOPLE v. HUGHES

Michigan Court of Appeals.

Decided October 29, 1987.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Harold F. Close III, Prosecuting Attorney, and Linda S. Kare, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Herb Jordan), for defendant on appeal.

Before: M.J. KELLY, P.J., and CYNAR and DOCTOROFF, JJ.


PER CURIAM.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797, following which he was sentenced to a term of from thirty to ninety years imprisonment. He appeals as of right. We affirm defendant's conviction, but remand for resentencing.

Defendant first argues that resentencing is required. We agree. The sentencing court erred by considering defendant's unwillingness to testify against his codefendants. See People v Peques,

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