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PEOPLE v. SWAYNE

Docket No. 73833.

139 Mich. App. 258 (1984)

361 N.W.2d 788

PEOPLE v. SWAYNE

Michigan Court of Appeals.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Richard H. Browne, Assistant Prosecuting Attorney, for the people.

James O. Flynn, P.C. (by Douglas P. Kolly), for defendant on appeal.

Before: DANHOF, C.J., and GRIBBS and R.M. SHUSTER, JJ.

PER CURIAM.

Defendant was charged with three counts of breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305. The prosecutor subsequently filed a supplemental information charging defendant as an habitual offender. On April 27, 1983, the lower court granted defendant's motion to dismiss the supplemental information for reasons hereinafter discussed. Defendant thereafter pled guilty to the three counts of breaking and entering...

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