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PEOPLE v. SHEPHERD

Docket No. 127303.

697 N.W.2d 144 (2005)

472 Mich. 343

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Nina Jillaine SHEPHERD a/k/a Nina Jillaine Butters, Defendant-Appellee.

Supreme Court of Michigan.

May 24, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Norman W. Donker, Prosecuting Attorney, and Michael T. Garner, Assistant Prosecuting Attorney, Midland, MI, for the people.

Joseph L. Stewart, Oak Park, MI, for the defendant.

PER CURIAM.

At issue is whether the alleged constitutional error of admitting in evidence a transcript of an unavailable witness's testimony in a different case was harmless. We conclude that it was harmless because other evidence was sufficient to sustain defendant's conviction. Accordingly, we reverse the judgment of the Court of Appeals and remand the matter to the trial court for the reinstatement of the conviction and the sentence.

I. BACKGROUND

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