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PEOPLE v. HUNT

Docket No. 169873.

214 Mich. App. 313 (1995)

542 N.W.2d 609

PEOPLE v. HUNT

Michigan Court of Appeals.

Decided November 17, 1995, at 9:10 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Jeffrey L. Sauter, Prosecuting Attorney, and William M. Worden, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by F. Michael Schuck), for the defendant on appeal.

Before: MACKENZIE, P.J., and FITZGERALD and J.P. O'BRIEN, JJ.

AFTER REMAND

PER CURIAM.

The prosecution appeals as of right from an opinion and order, entered on remand from this Court, vacating on the ground of double jeopardy defendant's conviction of breaking and entering an occupied dwelling, MCL 750.110; MSA 28.305. Alternatively, the court ordered a new trial on grounds of evidentiary error, instructional error, and ineffective assistance of counsel. We agree that the conviction must be vacated as violative of...

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