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PEOPLE v. MUNIZ

Docket No. 248498, 248499.

675 N.W.2d 597 (2003)

259 Mich. App. 176

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Gerardo MUNIZ, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. J. Remedios Boyzo, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 23, 2003, at 9:00 a.m.

Released for Publication January 8, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Ana Quiroz, Assistant Prosecuting Attorney, for the people.

Rod O'Farrell, Saginaw, for Gerardo Muniz.

James F. Gust and Jan Armoon, Saginaw; Rosemont, P.A. for J. Remedios Boyzo.

Before: DONOFRIO, P.J., and SAWYER and O'CONNELL, JJ.

O'CONNELL, J.

The prosecutor appeals by leave granted the trial court's order requiring the prosecutor to issue new informations based on an amended version of MCL 333.7401 rather than the version in effect at the time defendants allegedly committed the crimes charged. The order arose from the trial court's determination that the sentencing structure of the most recent revision of the statute applied to these cases rather...

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