PEOPLE v. PERRY

Docket No. 176654.

549 N.W.2d 42 (1996)

216 Mich. App. 277

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Willie Lee PERRY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 12, 1996, at 9:00 a.m.

Released for Publication June 11, 1996.


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 defendant on appeal.

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


TAYLOR, Presiding Judge.

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

The prosecution argues...

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