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PEOPLE v. JOHNSON

Docket No. 131550.

195 Mich. App. 571 (1992)

491 N.W.2d 622

PEOPLE v. JOHNSON

Michigan Court of Appeals.

Decided August 17, 1992, at 9:25 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, J. Thomas Horiszny, Assistant Prosecuting Attorney, and Laura A. Chappelle, Former Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by P.E. Bennett), for the defendant on appeal.

Before: SAWYER, P.J., and CONNOR and A.G. BEST, II, JJ.

SAWYER, P.J.

Defendant was convicted of first-degree retail fraud, MCL 750.356c(2); MSA 28.588(3)(2), and thereafter pleaded guilty of being a fourth-felony offender, MCL 769.12; MSA 28.1084. He was sentenced to serve two to fifteen years in prison. He now appeals, and we vacate his conviction and remand the matter to the trial court for entry of a conviction of second-degree retail fraud, MCL 750.356d; MSA 28.588(4), and resentencing accordingly.

Defendant...

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