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PEOPLE v. RUTHERFORD

Docket Nos. 144458, 144459.

208 Mich. App. 198 (1994)

526 N.W.2d 620

PEOPLE v. RUTHERFORD

Michigan Court of Appeals.

Decided December 29, 1994, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Norman W. Donker, Prosecuting Attorney, and Geoffrey K. Rettig, Assistant Prosecuting Attorney, for the people.

Hubbell & Hubbell, P.C. (by Daniel A. Hubbell), for the defendant.

Before: CORRIGAN, P.J., and GRIFFIN and M.W. DRAKE, JJ.

GRIFFIN, J.

Following a jury trial, defendant was convicted of one count of breaking and entering an occupied building with the intent to commit larceny, MCL 750.110; MSA 28.305, and one count of conspiracy to commit a breaking and entering, MCL 750.157a; MSA 28.354(1) and MCL 750.110; MSA 28.305. Defendant later pleaded guilty of being an habitual offender, third offense, MCL 769.11; MSA 28.1083. In a separate proceeding...

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