PEOPLE v. ARRIAGA

Docket No. 136120.

199 Mich. App. 166 (1993)

501 N.W.2d 200

PEOPLE v. ARRIAGA

Michigan Court of Appeals.

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


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Donald E. Martin, Prosecuting Attorney, Samuel R. Smith, Chief Appellate Attorney, and Guy L. Sweet, Assistant Prosecuting Attorney, for the people.

Patrick K. Ehlmann, for the defendant on appeal.

Before: TAYLOR, P.J., and SHEPHERD and MARILYN KELLY, JJ.


MARILYN KELLY, J.

This is a prosecutor's appeal. Defendant pled guilty to possession of more than 50 but less than 225 grams of cocaine. MCL 333.7403(2)(a)(iii); MSA 14.15(7403)(2)(a)(iii). His sentence was three to twenty years in prison. The prosecution argues on appeal that the trial court abused its discretion in finding substantial and compelling reasons to depart from the mandatory ten year minimum prison term. We affirm.

During the plea hearing, the...

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