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PEOPLE v. SEXTON

Nos. 108195, 108749, 109143, Calendar Nos. 3-5.

580 N.W.2d 404 (1998)

458 Mich. 43

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Corey Edward SEXTON, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Clifton DAVIS, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Bryce W. YOUNG, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 1, 1998.

Rehearing Denied September 10, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Richard H. Browne, Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, Pontiac, for People in Sexton.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, for People in Davis and Young.

Robyn B. Frankel, Bloomfield Hills, for defendant-appellee Sexton.

Carolyn A. Blanchard, Northville, for defendant-appellee Davis.

State Appellate Defender by Valerie R. Newman and Tracey D. Weaver, Detroit, for defendant-appellee Young.

Opinion

BOYLE, Justice.

We granted leave to determine whether this Court's holding in People v. Bender, 452 Mich. 594, 551 N.W.2d 71 (1996), should be applied retroactively.1 Finding that it should not, we reverse the decision of the Court of Appeals in each case and remand for further proceedings...

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