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M. F. Cavanagh, J. (concurring). I concur in the result reached by the majority. The defendant in this cause was sentenced prior to the effective date
*155 of GCR 1963, 785.12, and, accordingly, his appellate defense counsel was not entitled to be provided with a copy of the presentence report. See People v Grable, 56 Mich App 221; 223 NW2d 656 (1974), People v Marshall, 59 Mich App 140; 229 NW2d 346 (1975), and People v Martin, 393 Mich 145; 224 NW2d 36 (1974). This determination alone is dispositive of this appeal.For the aforestated reason, I would affirm the conviction.
Document Info
Docket Number: Docket 19468
Citation Numbers: 234 N.W.2d 180, 63 Mich. App. 146
Judges: T.M. Burns, P.J. and M.F. Cavanagh and O'Hara
Filed Date: 8/11/1975
Precedential Status: Precedential
Modified Date: 8/26/2023