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PEOPLE v. MOSLY

Docket No. 241225.

672 N.W.2d 897 (2003)

259 Mich. App. 90

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Willie MOSLY, a/k/a Shareef Hassan, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 16, 2003, at 9:00 a.m.

Released for Publication December 23, 2003.

Attorney(s) appearing for the Case

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

Gurewitz & Raben, PLC (by Margaret Sinel Raben), Detroit, for the defendant.

Before: KIRSTEN FRANK KELLY, P.J., and MARK J. CAVANAGH and TALBOT, JJ.

TALBOT, J.

This is the second time this case is before this Court. In 1997, following a bench trial, defendant Willie Mosly was convicted of larceny over $100, M.C.L. § 750.356. He was sentenced as a thirdoffense habitual offender, M.C.L. § 769.11, to a term of eighty to 120 months' imprisonment. It is undisputed that, contrary to MCR 6.402(B), the trial court failed to make a determination on the record regarding whether defendant validly waived his right...

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