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PEOPLE v. SMITH

Docket No. 105833.

181 Mich. App. 223 (1989)

448 N.W.2d 794

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Richard Thompson, 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: MICHAEL J. KELLY, P.J., and SAWYER and CAVANAGH, JJ.

MICHAEL J. KELLY, P.J.

Defendant pled guilty to charges of breaking and entering, MCL 750.110; MSA 28.305, and being an habitual offender, fourth offense, MCL 769.12; MSA 28.1084. Defendant was sentenced as an habitual offender to six to thirty years imprisonment. Defendant appeals from his sentence as of right. We affirm the convictions, vacate his sentence and remand for resentencing.

Defendant argues that he is entitled to resentencing because the presentence...

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