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PEOPLE v. TURMON

Docket No. 55893.

117 Mich. App. 345 (1982)

323 N.W.2d 698

PEOPLE v. TURMON

Michigan Court of Appeals.

Decided June 22, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Janice M. Joyce, Assistant Prosecuting Attorney, for the people.

Sheila N. Robertson, Assistant State Appellate Defender, for defendant on appeal.

Before: R.M. MAHER, P.J., and BEASLEY and P.J. MARUTIAK, JJ.

R.M. MAHER, P.J.

Defendant pled guilty to possession of a controlled substance, pentazocine, in violation of MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b), and was sentenced to two years probation. He appeals as of right.

Defendant contends that his conviction must be reversed inasmuch as the Legislature has never declared that possession of pentazocine is a crime. However, pursuant to a legislative grant of authority...

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