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PEOPLE v. RICE

Docket No. 200228.

585 N.W.2d 331 (1998)

231 Mich. App. 126

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Benjamin RICE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 11, 1998, at 9:10 a.m.

Released for Publication November 2, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Angela Pasula, Prosecuting Attorney, and Aaron J. Mead, Assistant Prosecuting Attorney, for the People.

Martin J. Beres, St. Claire Shores, for the defendant-appellant on appeal.

Before MARKEY, P.J., and RICHARD ALLEN GRIFFIN and WHITBECK, JJ.

RICHARD ALLEN GRIFFIN, Judge.

Defendant was bound over for trial on charges of open murder, M.C.L. § 750.316; M.S.A. § 28.548, assault with intent to commit murder, M.C.L. § 750.83; M.S.A. § 28.278, and two counts of possession of a firearm during the commission of a felony, M.C.L. § 750.227b; M.S.A. § 28.424(2). Defendant was also notified that, upon conviction, the prosecution would seek to have him sentenced as a second-offense habitual...

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