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PEOPLE v. A J LEE

Docket No. 12188.

40 Mich. App. 451 (1972)

198 N.W.2d 871

PEOPLE v. A J LEE

Michigan Court of Appeals.

Decided May 1, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief Assistant Prosecuting Attorney, and Joel B. Saxe, Assistant Prosecuting Attorney, for the people.

Arthur J. Tarnow, State Appellate Defender, and Richard S. McMillin, Assistant Defender, for defendant on appeal.

Before: McGREGOR, P.J., and J.H. GILLIS and O'HARA, JJ.

PER CURIAM.

Defendant appeals from his plea-based conviction of possession of heroin, MCLA 335.153; MSA 18.1123. When a plea of guilty is accepted after the decisional date of Boykin v Alabama, 395 U.S. 238; 89 S.Ct. 1709; 23 L Ed 2d 274 (1969) (decisional date June 2, 1969), said plea must be set aside where the record of the plea proceedings shows that defendant was not advised...

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