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PEOPLE v. WARE

Docket Nos. 202373, 207741.

608 N.W.2d 94 (2000)

239 Mich. App. 437

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Steven WARE, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee. v. Matthew M. Thomas, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 14, 2000, at 9:10 a.m.

Released for Publication April 4, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Mary Beth Kur, Prosecuting Attorney, and Michael E. Moody, Assistant Attorney General, for the people.

Hayes, Schwarze & Hayes (by Roy C. Hayes, III), Charlevoix, for Steven Ware.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael J. Hodge and Louis B. Reinwasser), Lansing, for Matthew M. Thomas.

Before: HOOD, P.J., and HOLBROOK, Jr., and FITZGERALD, JJ.

FITZGERALD, J.

In these consolidated appeals, defendants Steven Ware and Matthew M. Thomas each appeal by delayed leave granted their convictions following guilty pleas for possession of less than twenty-five grams of cocaine, M.C.L. § 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and conspiracy to deliver marijuana, M.C.L. § 750.157a, 333.7401(2)(d)(iii); MSA 28.354(1), 14.15(7401)(2)(d)(iii). We vacate defendants' sentences and remand for resentencing....

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