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PEOPLE v. TRIPLETT

Docket No. 77-931.

91 Mich. App. 82 (1979)

283 N.W.2d 658

PEOPLE v. TRIPLETT

Michigan Court of Appeals.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Norris J. Thomas, Jr., Assistant State Appellate Defender, for defendant on appeal.

Before: N.J. KAUFMAN, P.J., and V.J. BRENNAN and BASHARA, JJ.

V.J. BRENNAN, J.

Defendant was originally charged with first-degree murder, MCL 750.316; MSA 28.548. On December 15, 1971, Recorder's Court Judge Henry Heading accepted the defendant's plea to second-degree murder, MCL 750.317; MSA 28.549, and defendant was sentenced to 45 to 60 years in prison.

On May 22, 1972, Judge Heading vacated the plea and granted defendant's motion for a new trial. Defendant was then convicted of second-degree murder by a Recorder...

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