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People v. Cline

People v. Cline, 475 N.W.2d 362 (Mich. Ct. App. 1991)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
June 18, 1991
Docket
No. 128945
Judges
Sawyer, Kelly, Neff
Citations
475 N.W.2d 362190 Mich. App. 1
Cited by 6 2 descriptions by later courts

Opinion — Per Curiam

Per Curiam.

Defendant pled guilty of two counts of delivery of less than fifty grams of cocaine. MCL 333.7401(2)(a)(iv); MSA 14.15(7401X2) (a)(iv). Defendant was sentenced for the convictions to two consecutive terms of five to twenty years in prison. Defendant now appeals and we affirm.

Defendant’s sole argument on appeal is that the trial court erred in imposing consecutive sentences rather than concurrent sentences. MCL 333.7401(3); MSA 14.15(7401X3) provides that any term of imprisonment imposed under subsection 2(a) shall be imposed to run consecutively with any term of imprisonment imposed for the commission of "another felony.” Defendant argues that that provision is inapplicable to the case at bar because the violations, which were committed on two consecutive days, were charged in the same information and were pled to simultaneously at a single plea proceeding. We disagree. The first delivery constituted a felony and the second delivery constituted another felony. Consequently, the trial court was authorized to impose consecutive sentences under the statute.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

  • (a consecutive sentence was upheld where the defendant pleaded guilty of two counts of delivery of less than fifty grams of cocaine, committed on consecutive days, and charged in the same information)
    People v. Morris, 450 Mich. 316 (1995)

Cited by 6 cases

View all citing references →
1993: 11994: 41995: 119932026peak 1994 · 4

Relies on it most ⓘ

  1. People v. Hadley501 N.W.2d 219 (Mich. Ct. App. 1993)
  2. People v. Daniel523 N.W.2d 830 (Mich. Ct. App. 1994)
  3. People v. Morris450 Mich. 316 (1995)
  4. People v. Williams526 N.W.2d 614 (Mich. Ct. App. 1994)
  5. People v. Davenport522 N.W.2d 339 (Mich. Ct. App. 1994)
  6. People v. Jones523 N.W.2d 888 (Mich. Ct. App. 1994)

Most recent

  1. People v. Morris450 Mich. 316 (1995)
  2. People v. Williams526 N.W.2d 614 (Mich. Ct. App. 1994)
  3. People v. Jones523 N.W.2d 888 (Mich. Ct. App. 1994)
  4. People v. Daniel523 N.W.2d 830 (Mich. Ct. App. 1994)
  5. People v. Davenport522 N.W.2d 339 (Mich. Ct. App. 1994)
  6. People v. Hadley501 N.W.2d 219 (Mich. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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