Docket No. 156787.

205 Mich. App. 342 (1994)

517 N.W.2d 782


Michigan Court of Appeals.

Decided May 16, 1994, at 10:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Dennis M. Wiley, Prosecuting Attorney, and Mary Malesky, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Kristina Larson Dunne and Jennifer A. Pilette), for the defendant on appeal.

Before: NEFF, P.J., and MURPHY and M.R. STEMPIEN, JJ.


Defendant pleaded guilty of delivering less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2) (a)(iv), which was his second conviction under the controlled substances act, MCL 333.7413(2); MSA 14.15(7413) (2). The trial court imposed a sentence of three to forty years' imprisonment. Defendant appeals as of right arguing that he is entitled to resentencing because the trial court mistakenly believed that an enhanced sentence under MCL...

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