PEOPLE v. PEGENAU

Docket No. 137109.

199 Mich. App. 161 (1993)

501 N.W.2d 211

PEOPLE v. PEGENAU

Michigan Court of Appeals.

Decided April 5, 1993, at 10:05 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Gary L. Walker, Prosecuting Attorney, and Joni Brandon, Assistant Prosecuting Attorney, for the people.

Mark Peter Stevens, for the defendant.

Before: CONNOR, P.J., and BRENNAN and MARILYN KELLY, JJ.


MARILYN KELLY, J.

Following a jury trial, defendant was convicted of unlawful possession of Valium and Xanax. MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b). His sentence was sixty days in jail and twenty-four months' probation. On appeal, he argues that he was denied a fair trial by certain remarks made by the prosecutor which improperly shifted the burden of proof to him. Defendant asserts, also, that there was no evidence of unlawful possession, and the jury verdict...

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