Opinion
No. 111109.
June 30, 1998
Summary Dispositions June 30, 1998:
In lieu of granting leave to appeal, the Court of Appeals judgment which reverses the defendant's convictions and remands for a new trial is modified. MCR 7.302(F)(1). The convictions of possession with intent to deliver less than 50 grams of cocaine and habitual offender are reversed and this matter is remanded to the Oakland Circuit Court for entry of a judgment of conviction of possession of less than 25 grams of cocaine and for resentencing. The defendant's other convictions are affirmed. If, however, the prosecuting attorney believes that the ends of justice are better served, upon notice to the trial court prior to resentencing, the court is to vacate the judgment of convictions on the possession of less than 25 grams of cocaine and on felony-firearm and grant a new trial on possession with intent to deliver less than 50 grams of cocaine and felony-firearm. In all other respects the application for leave to appeal is denied. Jurisdiction is not retained. Court of Appeals No. 195928.