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PEOPLE v. BENEVIDES

Docket No. 130693.

204 Mich. App. 188 (1994)

514 N.W.2d 208

PEOPLE v. BENEVIDES

Michigan Court of Appeals.

Decided March 21, 1994, at 9:10 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, and John S. Pallas, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by James Krogsrud), for the defendant on appeal.

Before: GRIFFIN, P.J., and MacKENZIE and J.E. MIES, JJ.

MacKENZIE, J.

Following a bench trial, defendant was convicted of escape from prison, MCL 750.193; MSA 28.390, and being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to five days in jail. He appeals as of right, and we reverse.

In April 1988, defendant pleaded guilty of operating a vehicle while under the influence of liquor, third offense, and was sentenced to two to five years' imprisonment. In August 1989, he was...

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