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PEOPLE v. SMIELEWSKI

Docket No. 208416.

596 N.W.2d 636 (1999)

235 Mich. App. 196

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Richard SMIELEWSKI, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 9, 1999, at 9:25 a.m.

Released for Publication July 14, 1999.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and Daniel J. Garber, Jr., Chief Assistant Prosecutor, for the people.

Edward D. Wishnow, Birmingham, for the defendant on appeal.

Before: MURPHY, P.J., and GAGE and ZAHRA, JJ.

MURPHY, P.J.

Following a jury trial, defendant was convicted of armed robbery, M.C.L. § 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, M.C.L. § 750.227b; MSA 28.424(2). Defendant was sentenced as an habitual offender, fourth offense, M.C.L. § 769.12; MSA 28.1084, to consecutive sentences of twelve to forty years' imprisonment for the armed robbery conviction and two years' imprisonment for the felony-firearm conviction...

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