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WAYNE PROS. v. RECORDER'S JUDGE

Docket No. 109264.

177 Mich. App. 762 (1989)

442 N.W.2d 771

WAYNE COUNTY PROSECUTOR v. RECORDER'S COURT JUDGE

Michigan Court of Appeals.

Decided June 20, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of the Criminal Division, Research, Training and Appeals, and Don W. Atkins, Principal Attorney, Appeals, for the people.

Carl Ziemba, for Halord Swain.

Before: MICHAEL J. KELLY, P.J., and DOCTOROFF and CAVANAGH, JJ.

PER CURIAM.

George Earl Beavers and Halord Swain were originally charged with delivery of over 650 grams of a mixture containing cocaine, MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i). The defendants were tried in a bench trial held in Detroit Recorder's Court. The trial judge found them guilty of attempted delivery rather than actual delivery and sentenced them to sixty days in jail and three years of probation. The Wayne

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