People v. Gonzales
| Decision Date | 02 May 1979 |
| Docket Number | Docket No. 62188 |
| Citation | 289 N.W.2d 926,406 Mich. 943 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Carlos GONZALES, Defendant-Appellant. 406 Mich. 943, 289 N.W.2d 926 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, we VACATE defendant-appellant's conviction of conspiracy to deliver heroin because we conclude that the evidence of conspiracy adduced at trial was insufficient to support a conviction of conspiracy to deliver heroin. We also REMAND the matter to the Bay Circuit Court for resentencing on defendant-appellant's conviction of delivery of heroin. At the resentencing, the circuit judge shall, in deciding upon the sentence to be imposed, impose sentence with due regard to defendant-appellant's individual characteristics. In all other respects the application for leave to appeal is considered, and it is DENIED.
We retain no jurisdiction.
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