Docket No. 103849.

176 Mich. App. 374 (1989)

439 N.W.2d 370


Michigan Court of Appeals.

Decided April 4, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William F. Delhey, Prosecuting Attorney, and Marilyn A. Eisenbraun, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Rolf E. Berg), for defendant on appeal.

Before: MURPHY, P.J., and WEAVER and McDONALD, JJ.


Defendant appeals as of right following his conviction of being a second-felony offender, MCL 769.10; MSA 28.1082. Defendant was sentenced to 1 1/2 to 6 years imprisonment and now appeals as of right. We vacate defendant's conviction on the habitual offender charge and remand for further proceedings.

Defendant was convicted at a bench trial of assault of a prison employee, MCL 750.197c; MSA 28.394(3). Immediately thereafter, the parties proceeded...

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