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PEOPLE v. KRAJENKA

Docket No. 121785.

188 Mich. App. 661 (1990)

470 N.W.2d 403

PEOPLE v. KRAJENKA

Michigan Court of Appeals.

Approved for publication April 29, 1991, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Gary M. Gabry, Prosecuting Attorney, and Charles D. Hackney, Assistant Attorney General, for the people.

O'Connor, McNamara & O'Keeffe (by Robert S. Sykes, Jr.), for the defendant on appeal.

Before: MacKENZIE, P.J., and HOLBROOK, JR., and SHEPHERD, JJ.

PER CURIAM.

Defendant, a prisoner at the Riverside Correctional Facility, pleaded guilty of being an inmate in possession of marijuana, MCL 800.281(4); MSA 28.1621(4), and was sentenced to 2 1/2 to 5 years' imprisonment. Defendant appeals as of right. We affirm defendant's conviction, but vacate his sentence and remand for resentencing.

Defendant first contends that MCL 800.281(4); MSA 28.1621(4) violates the Equal Protection Clause because it charges prisoners...

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