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PEOPLE v. GREGORCZYK

Docket No. 101050.

178 Mich. App. 1 (1989)

443 N.W.2d 816

PEOPLE v. GREGORCZYK

Michigan Court of Appeals.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Mark Sanford, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by P.E. Bennett), for defendant.

Before: SAWYER, P.J., and MICHAEL J. KELLY and J.J. RASHID, JJ.

J.J. RASHID, J.

This is a case of first impression in Michigan by virtue of the unique factual situation it presents. On January 23, 1983, defendant was convicted of delivery of more than 50 grams but less than 225 grams of cocaine, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). At the time, the statute required that defendant be either imprisoned for not less than ten years nor more than twenty years or placed on probation for life.1

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