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PEOPLE v. MITCHELL

Docket No. 181906.

566 N.W.2d 312 (1997)

223 Mich. App. 395

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tommie MITCHELL, Jr., Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 9, 1997, at 9:25 a.m.

Released for Publication July 16, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Tony Tague, Prosecuting Attorney, and Danielle DeJong, Assistant Prosecuting Attorney, for People.

State Appellate Defender By Chari K. Grove, for Defendant-Appellant on appeal.

Before NEFF, P.J., and HOEKSTRA and G.D. LOSTRACCO, JJ.

NEFF, Presiding Judge.

Defendant was convicted by a jury of unarmed robbery, M.C.L. § 750.530; M.S.A. § 28.798, and subsequently pleaded guilty of being an habitual offender, third offense, M.C.L. § 769.11; M.S.A. § 28.1083. He was sentenced to twelve to thirty years' imprisonment. Defendant now appeals as of right. We reverse and remand for a new trial.

I

This cases arises from a robbery that occurred at a gas station/convenience...

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