PEOPLE v. KRAUSE

Docket Nos. 117728, 117729.

185 Mich. App. 353 (1990)

460 N.W.2d 900

PEOPLE v. KRAUSE PEOPLE v. NEWTON

Michigan Court of Appeals.

Decided August 29, 1990.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, and George E. Ward, Chief Assistant Prosecutor, for the people.

Ina G. Zeemering, for Kherrel Krause.

Robert M. Morgan, for William Newton.

Before: GRIFFIN, P.J., and REILLY and R.B. BURNS, JJ.


R.B. BURNS, J.

This is an appeal by the prosecutor of the sentences imposed on defendants after they pled guilty to possession with intent to deliver at least 225 grams but less than 650 grams of a mixture containing cocaine. MCL 333.7401(2)(a) (ii); MSA 14.15(7401)(2)(a)(ii). Pursuant to MCL 333.7401(4); MSA 14.15(7401)(4) of the amended statute, the sentencing court departed from the ten-year statutory minimum sentence prescribed by § 7401(2)(a)(ii) and entered...

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