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PEOPLE v. GRATSCH

Docket No. 305040.

831 N.W.2d 462 (2013)

299 Mich. App. 604

PEOPLE v. GRATSCH.

Court of Appeals of Michigan.

Decided February 28, 2013, at 9:00 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Laura A. Cook , Assistant Attorney General, for the people.

State Appellate Defender (by Douglas W. Baker ) for defendant.

Before: KIRSTEN FRANK KELLY, P.J., and MARKEY and FORT HOOD, JJ.

MARKEY, J.

Defendant appeals by right his conviction of possessing a weapon in jail, MCL 801.262(2). The trial court sentenced defendant as a third-offense habitual offender, MCL 769.11, to imprisonment of 2 to 10 years. This Court initially granted defendant's motion for remand "to allow defendant to have an evidentiary hearing on his claims of prosecutorial misconduct and to bring a motion for a new trial in the trial court based on those claims."

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