PEOPLE v. LEVINE

Docket No. 200181.

585 N.W.2d 770 (1998)

231 Mich. App. 213

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brian Eric LEVINE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 14, 1998, at 9:20 a.m.

Released for Publication November 2, 1998.


Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., David G. Gorcyca, Pros. Atty., Richard H. Browne, Chief, Appellate Div., and Thomas R. Grden, Asst. Pros. Atty., for People.

Miro Weiner & Kramer, P.C. by Thomas W. Cranner and Matthew F. Leitman, Bloomfield Hills, for Defendant-Appellant.

Before McDONALD, P.J., and SAWYER and HOEKSTRA, JJ.


McDONALD, Presiding Judge.

Following a bench trial, defendant was convicted of possession of marijuana with intent to deliver, M.C.L. § 333.7401(2)(d)(iii); M.S.A. § 14.15(7401)(2)(d)(iii), and was sentenced to two years' probation. Defendant appeals as of right. We remand for an evidentiary hearing consistent with this opinion.

Defendant's conviction arises from the events of November 15, 1995, when the police stopped defendant and searched the...

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