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PEOPLE v. MASS

Docket No. 115820, Calendar No. 6.

628 N.W.2d 540 (2001)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jimmy MASS, a/k/a Kool Aid, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Edward F. Swinkey, Prosecuting Attorney, and Cheryl E. Werner, Assistant Prosecuting Attorney, Monroe, MI, for the people.

State Appellate Defender (by C. Joseph Booker and Valerie Newman), Detroit, MI, for the defendant.

Jeffrey L. Sauter, President, PAAM, David G. Gorcyca, Prosecuting Attorney, Oakland County, Joyce F. Todd, Chief, Appellate Division, and John S. Pallas, Assistant Prosecuting Attorney, Pontiac, MI, amicus curiae, for the people.

Opinion

TAYLOR, J.

Defendant was convicted, on an aider and abettor theory, of (1) delivery of 225 grams or more but less than 650 grams of a mixture containing cocaine1 and with (2) conspiracy to commit that offense.2

We granted leave to determine whether knowledge of the amount of the controlled substance was a necessary element...

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