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PEOPLE v. OSUNA

Docket No. 94973.

174 Mich. App. 530 (1988)

436 N.W.2d 405

PEOPLE v. OSUNA

Michigan Court of Appeals.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Christopher S. Boyd, Prosecuting Attorney, and Jeffrey D. Stroud, Assistant Prosecuting Attorney, for the people.

Kevin J. Henze, for defendant.

Before: DANHOF, C.J., and MICHAEL J. KELLY and BEASLEY, JJ.

PER CURIAM.

Defendant was charged with transporting a hypodermic syringe into a correctional facility in violation of MCL 800.283; MSA 28.1623. He moved to quash the information arguing that a syringe is not a weapon within the meaning of the statute. The lower court denied the motion. Defendant pled guilty to attempted transportation of a weapon into a correctional facility, MCL 800.283; MSA 28.1623 and MCL 750.92; MSA 28.287, pursuant to a plea bargain. He was sentenced...

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