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PEOPLE v. GIST

Docket No. 119652.

190 Mich. App. 670 (1991)

476 N.W.2d 485

PEOPLE v. GIST

Michigan Court of Appeals.

Decided August 19, 1991, at 9:20 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jospeh A. Puleo, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Fred E. Bell), for the defendant on appeal.

Before: BRENNAN, P.J., and MICHAEL J. KELLY and D.F. WALSH, JJ.

MICHAEL J. KELLY, J.

Following a jury trial, defendant was convicted of breaking and entering a motor vehicle with intent to steal property with a value in excess of five dollars, MCL 750.356(a); MSA 28.588(1). Defendant subsequently pleaded guilty of being a fourth-felony offender, MCL 769.12; MSA 28.1084, and on March 24, 1989, was sentenced to forty to eighty years in prison. He appeals as of right, raising two issues.

The first issue raised on appeal is...

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