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PEOPLE v. WATROBA

Docket No. 137168.

193 Mich. App. 124 (1992)

483 N.W.2d 441

PEOPLE v. WATROBA

Michigan Court of Appeals.

Decided February 18, 1992, at 9:25 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 Olga Agnello, Assistant Prosecuting Attorney, for the people.

Edick & Esper, P.C. (by Robert E. Edick), for the defendant on appeal.

Before: WEAVER, P.J., and MICHAEL J. KELLY and MARILYN KELLY, JJ.

MICHAEL J. KELLY, J.

The people appeal by leave granted an order of the circuit court granting defendant's motion for postappeal relief. We reverse.

On June 29, 1979, defendant pleaded nolo contendere to charges of assault with intent to commit great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). In exchange for defendant's plea, the prosecutor withdrew a charge...

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