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PEOPLE v. NICHOLS

Docket No. 248102.

686 N.W.2d 502 (2004)

262 Mich.App. 408

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Wayne NICHOLS, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 15, 2004, at 9:00 a.m.

Released for Publication September 1, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Jon F. Hummel, East Lansing, for the defendant on appeal.

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

DONOFRIO, J.

Defendant appeals as of right his convictions on two counts of assaulting, battering, resisting, obstructing, or opposing a police officer, MCL 750.81d(1). Defendant was sentenced as a third-offense habitual offender to two to four years' imprisonment for each count, to be served concurrently. Defendant argues that MCL 750.81d is void for vagueness, and that the prosecution abused its discretion when it charged defendant under MCL 750.81d rather than...

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