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PEOPLE v. WILDER

Docket No. 137562.

780 N.W.2d 265 (2010)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Darrell WILDER, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 30, 2010.

Opinion

HATHAWAY, J.

We granted leave to appeal in this case to consider the limited issue of whether third-degree home invasion, MCL 750.110a(4), is a necessarily included lesser offense of first-degree home invasion, MCL 750.110a(2). We hold that third-degree home invasion under MCL 750.110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to...

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