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PEOPLE v. MENDOZA

Docket No. 120630, Calendar No. 4.

664 N.W.2d 685 (2003)

468 Mich. 527

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard J. MENDOZA, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 20, 2003.

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, Research, Training and Appeals, and Deborah K. Blair, Assistant Prosecuting Attorney, Detroit, for the people.

Ashford & Associates, P.C. (by Linda D. Ashford), Detroit, for the defendant-appellee.

Amici Curiae David L. Morse, President, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Kathryn G. Barnes and John S. Pallas, Assistant Prosecuting Attorneys, Pontiac, for the Prosecuting Attorneys Association of Michigan.

State Appellate Defender (by Peter Jon Van Hoek), Detroit, for the Criminal Defense Attorneys of Michigan.

YOUNG, Justice.

Defendant was charged with first-degree murder, M.C.L. § 750.316, but convicted by a jury of second-degree murder, M.C.L. § 750.317. The Court of Appeals reversed defendant's conviction and remanded the case for a new trial, reasoning that the trial court erred when it declined to give an involuntary-manslaughter instruction. This Court granted leave to appeal to consider whether manslaughter is an "inferior"

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