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PEOPLE v. LOWERY

Docket No. 240001.

673 N.W.2d 107 (2003)

250 Mich. App. 167

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Earl LOWERY, Jr., Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 21, 2003, at 9:00 a.m.

Released for Publication October 16, 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 of Research, Training, and Appeals, and Lamar Moreland, Assistant Prosecuting Attorney, for the people.

Lawrence J. Lacey, Royal Oak, for the defendant.

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

O'CONNELL, J.

Defendant Earl Lowery, Jr., appeals as of right his jury trial convictions of felonious assault, M.C.L. § 750.82;1 and possession of a firearm during the commission of a felony, M.C.L. § 750.227b. Defendant was sentenced to eighteen months to four years' imprisonment for the felonious assault conviction, which was an upward departure from the sentencing guidelines, and two years' imprisonment for the felony-firearm...

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