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PEOPLE v. PERRY

Docket No. 176654.

216 Mich. App. 277 (1996)

PEOPLE v. PERRY

Michigan Court of Appeals.

Decided April 12, 1996, at 9:00 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Susan M. Meinberg), for the defendant on appeal.

Before: TAYLOR, P.J., and JANSEN and SMOLENSKI, JJ.

TAYLOR, P.J.

Defendant was found guilty of delivery of more than 50 grams but less than 225 grams of cocaine following a bench trial, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). The trial court found substantial and compelling reasons to depart from the mandatory ten-year minimum sentence and sentenced defendant to three to twenty years' imprisonment. The prosecution appeals as of right. We remand.

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