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PEOPLE v. GARCIA

Docket No. 129181.

203 Mich. App. 420 (1994)

513 N.W.2d 425

PEOPLE v. GARCIA

Michigan Court of Appeals.

Decided February 7, 1994, at 9:25 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Ward L. Clarkson, Prosecuting Attorney, and Michael A. Nickerson, Assistant Attorney General, for the people.

Lawyers' Offices Dunchock, Linden & Reina, P.C. (by Arnold D. Dunchock), for the defendant.

Before: MICHAEL J. KELLY, P.J., and HOOD and T.R. THOMAS, JJ.

MICHAEL J. KELLY, P.J.

This case has a long history. In 1985, while stealing a car, defendant, Frank Garcia, and his codefendant, Ronald Hammond, killed the owner. An information was filed charging defendant with one count of felony murder, MCL 750.316; MSA 28.548, an alternative count of open murder, and one count of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). A jury trial was held. The alternative count of open murder...

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