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PEOPLE v. GONZALEZ

Docket No. 160323.

214 Mich. App. 513 (1995)

543 N.W.2d 354

PEOPLE v. GONZALEZ

Michigan Court of Appeals.

Decided December 12, 1995, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Ronald J. Frantz, Prosecuting Attorney, and Jon H. Hulsing, Assistant Prosecuting Attorney, for the people.

Edward Wishnow, for the defendant.

Before: SAAD, P.J., and MARILYN KELLY and M.J. MATUZAK, JJ.

MARILYN KELLY, J.

Defendant appeals as of right following his conviction for possession with intent to deliver less than 50 grams of cocaine. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). He argues that the magistrate erred when he sua sponte bound him over on a charge greater than that brought by the prosecutor. We affirm.

I

Defendant was originally charged with possession of less than 25 grams of cocaine in violation

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