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PEOPLE v. TRONCOSO

Docket No. 115976.

187 Mich. App. 567 (1991)

468 N.W.2d 287

PEOPLE v. TRONCOSO

Michigan Court of Appeals.

Decided March 4, 1991, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, and George E. Ward, Chief Assistant Prosecutor, for the people.

Mark H. Magidson, for the defendant.

Before: McDONALD, P.J., and MICHAEL J. KELLY and GRIFFIN, JJ.

GRIFFIN, J.

The people appeal1 a sentence of two to twenty years imposed upon the defendant for a plea-based conviction of possession with intent to deliver 50 to 225 grams of cocaine, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). The prosecutor argues that Recorder's Court Judge Dominick R. Carnovale failed to articulate on the record "substantial and compelling reasons" to justify a departure from the presumptive five-year minimum...

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