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PEOPLE v. CHAPA

Docket No. 62274.

407 Mich. 309 (1979)

284 N.W.2d 340

PEOPLE v. CHAPA

Supreme Court of Michigan.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and George B. Mullison, Prosecuting Attorney, for the people.

State Appellate Defender (by Janet Tooley) for defendant.

PER CURIAM:

When the record shows that a local policy has replaced the discretion of a sentencing judge, reversible error has been committed. This defendant must be resentenced.

I

Arturo Chapa was charged in Bay Circuit Court with delivery of and conspiracy to deliver heroin. He pled guilty to the heroin delivery charge in return for dismissal of the conspiracy charge. On April 17, 1977, the judge, in sentencing...

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