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PEOPLE v. DENIO

Nos. 101601, 103191 and 105328, Calendar Nos. 4-6.

564 N.W.2d 13 (1997)

454 Mich. 691

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Kimber Dale DENIO, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gilbert C. BANKS, Jr., Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Lee TUCKER, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Tony Tague, Prosecuting Attorney, and Kevin A. Lynch and Victor A. Fitz, Assistant Prosecuting Attorneys, Muskegon, for People in Denio and Banks.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Chris J. VanOosterum, Prosecuting Attorney, and J. Ronald Kaplansky, Assistant Attorney General, Lansing, for People in Tucker.

Jeanice Dagher-Margosian, Ann Arbor, for Defendant-Appellee Denio.

Joan Ellerbusch Morgan, Detroit, for Defendant-Appellant Banks.

State Appellate Defender by Anne Yantus, Detroit, for Defendant-Appellant Tucker.

William Forsyth, President, John D. O'Hair, Wayne County Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, amicus curiae, for Prosecuting Attorneys Association of Michigan.

Robin M. Lerg, Troy, amicus curiae, for Families Against Mandatory Minimums Foundation, and National Association of Criminal Defense Lawyers.

Opinion

RILEY, Justice.

In People v. Denio, we are asked to construe the conspiracy statute, M.C.L. § 750.157a; MSA 28.354(1),1 as it relates to the consecutive sentencing provision of M.C.L. § 333.7401(3); MSA 14.15(7401)(3).2 The conspiracy statute mandates that a person convicted of conspiracy "shall be punished by a penalty equal to...

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