PEOPLE v. RANDOLPH

Docket No. 214109.

619 N.W.2d 168 (2000)

242 Mich. App. 417

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kalvin RANDOLPH, Defendant-Appellant.

Court of Appeals of Michigan.

Decided September 1, 2000, at 9:05 a.m.

Released for Publication October 31, 2000.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Carolyn M. Breen, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Gary L. Rogers), for the defendant on appeal.

Before: HOOD, P.J., and SAWYER and MARK J. CAVANAGH, JJ.


MARK J. CAVANAGH, J.

Defendant appeals as of right from a jury trial conviction of unarmed robbery, M.C.L. § 750.530; MSA 28.798. Defendant was sentenced as a second-offense habitual offender, M.C.L. § 769.10; MSA 28.1082, to five to fifteen years' imprisonment. We reverse and remand.

On November 12, 1997, defendant was seen attempting to conceal a drill and a thermostat in his jacket in a Meijer store. Defendant then went to the checkout lanes where...

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