PEOPLE v. MICHIELUTTI

Docket No. 251706.

700 N.W.2d 418 (2005)

266 Mich. App. 223

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Victor MICHIELUTTI, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 3, 2005, at 9:20 a.m.

Released for Publication July 5, 2005.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, Robert J. Berlin, Chief Appellate Attorney, and Joshua D. Abbott, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Anne M. Yantus), for the defendant.

Before: MURRAY, P.J., and MARKEY and O'CONNELL, JJ.


O'CONNELL, J.

Defendant pleaded guilty of possession with intent to deliver 50 grams or more, but less than 225 grams, of cocaine, the former MCL 333.7401(2)(a)(iii), and was sentenced to serve ten to twenty years' imprisonment. Defendant appeals by leave granted. We vacate and remand for resentencing. This appeal is being decided without oral argument pursuant to MCR 7.214(E).

Defendant first argues that he should...

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