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PEOPLE v. CANALES

Docket No. 221452.

624 N.W.2d 439 (2000)

243 Mich. App. 571

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Geronimo CANALES, a/k/a Jeronimo Canales, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 12, 2000, at 9:15 a.m.

Released for Publication February 14, 2001.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Vicki L. Seidl, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Desiree M. Ferguson), for the defendant on appeal.

Before FITZGERALD, P.J., and HOOD and McDONALD, JJ.

McDONALD, J.

Defendant was charged with assault with intent to do great bodily harm, M.C.L. § 750.84; MSA 28.279. Following a jury trial, defendant was convicted of the lesser included offense of felonious assault, M.C.L. § 750.82; MSA 28.277. Defendant was sentenced as a third habitual offender, pursuant to M.C.L. § 769.11; MSA 28.1083, to 2½ to 8 years' imprisonment. Defendant appeals as of right. We reverse and remand.

Defendant was...

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