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PEOPLE v. SCHULTZ

Docket Nos. 84788, 86348 (Calendar Nos. 7-8).

435 Mich. 517 (1990)

460 N.W.2d 505

PEOPLE v. SCHULTZ PEOPLE v. SAND

Supreme Court of Michigan.

Decided August 29, 1990.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Richard Thompson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people in Schultz.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, and Robert John Berlin, Chief Appellate Lawyer, for the people in Sand.

Faintuck, Shwedel & Wolfram (by William G. Wolfram) for the defendant in Schultz.

Metry, Metry & Sanom (by Gilbert E. Metry and Dean C. Metry) for the defendant in Sand.

Amicus Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, G. Michael Hocking, Prosecuting Attorney, and William M. Worden, Assistant Prosecuting Attorney, for the people.

ARCHER, J.

We granted leave to appeal to determine whether the defendants should be sentenced under MCL 333.7401; MSA 14.15(7401) and MCL 333.7403; MSA 14.15(7403) as amended subsequent to the dates their crimes were committed. We would affirm the judgment of the Court of Appeals.

I

A. PEOPLE v SCHULTZ

Defendant David M. Schultz was tried and convicted in the Oakland Circuit Court of transporting ten ounces of cocaine. On November 13...

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