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PEOPLE v. STORY

Docket No. 128266.

191 Mich. App. 476 (1991)

478 N.W.2d 710

PEOPLE v. STORY

Michigan Court of Appeals.

Decided October 8, 1991, at 9:40 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Gladys L. Christopherson, Assistant Prosecuting Attorney, for the people.

Michael J. Breczinski, for the defendant.

Before: FITZGERALD, P.J., and MacKENZIE and WEAVER, JJ.

PER CURIAM.

Defendant pleaded guilty of delivery of less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401) (2)(a)(iv). On April 3, 1990, defendant was sentenced to five years' probation, with the first sixty days to be served in jail. The prosecutor then moved for resentencing on the basis that the sentence was not authorized by the statute. The trial court ruled that the sentence was authorized by...

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