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PEOPLE v. GAINES

Docket No. 185006.

566 N.W.2d 35 (1997)

223 Mich. App. 230

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alphonso D. GAINES, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 25, 1997, at 9:20 a.m.

Released for Publication July 16, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Raymond Voet, Prosecuting Attorney, and Michael E. Moody, Assistant Attorney General, for the People.

State Appellate Defender by Rolf E. Berg, for Defendant-Appellant.

Before SAWYER, P.J., and MARILYN J. KELLY and D.A. BURRESS, JJ.

MARILYN J. KELLY, Judge.

A jury convicted defendant of inmate assault on a prison employee and habitual offender, third offense. M.C.L. § 750.197c; M.S.A. § 28.394(3), M.C.L. § 769.11; M.S.A. § 28.1083. The trial court sentenced him to five to eight years' imprisonment, to run consecutive to the sentence he was serving when he committed the assault. Defendant appeals as of right, arguing that there was insufficient evidence to sustain his assault...

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