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PEOPLE v. BENSCH

No. 341585.

935 N.W.2d 382 (2019)

328 Mich. App. 1

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Joseph Robert BENSCH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 30, 2019, at 9:00 a.m.

Attorney(s) appearing for the Case

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and David Porter , Assistant Attorney General, for the people.

State Appellate Defender (by Michael Dagher-Margosian ) for defendant.

Before: Tukel, P.J., and Beckering and Shapiro, JJ.

The prosecution appeals by leave granted1 the circuit court's ruling that defendant could decline probation and instead be sentenced to incarceration. The prosecution requests that we reject the rule first articulated in People v. Peterson, 62 Mich.App. 258

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