Docket No. 157263.

205 Mich. App. 432 (1994)

517 N.W.2d 822


Michigan Court of Appeals.

Decided June 6, 1994, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Rita H. Lewis, Assistant Prosecuting Attorney, for the people.

Graig A. Daly, for the defendant.

Before: JANSEN, P.J., and McDONALD and G.M. HOCKING, JJ.


Following a bench trial, defendant was convicted of felonious assault, MCL 750.82; MSA 28.277. Although the court sentenced defendant to serve twelve to forty-eight months in prison, after announcing the sentence the court immediately suspended it. On appeal, the prosecutor claims the court was without power to suspend indefinitely the execution of defendant's sentence. We agree.

Under our system of state government, the Legislature makes the...

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