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PEOPLE v. SHAFER

Docket No. 141359.

195 Mich. App. 596 (1992)

491 N.W.2d 266

PEOPLE v. SHAFER

Michigan Court of Appeals.

Decided August 18, 1992, at 9:00 A.M.

Attorney(s) appearing for the Case

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

Samuel A. Ragnone, P.C. (by Samuel A. Ragnone), for the defendant.

Before: SULLIVAN, P.J., and MacKENZIE and I.B. TORRES, JJ.

PER CURIAM.

The people appeal by leave granted from defendant's sentence of lifetime probation following his conviction of delivery of 50 or more but less than 225 grams of cocaine, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). We vacate and remand for resentencing.

Defendant's sentence was based on MCL 333.7401(4); MSA 14.15(7401)(4), which authorizes departure from the minimum term of imprisonment set forth at subsection 2(a)(iii) upon a finding by...

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