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No. 123491
| People of the State of Michigan, |
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Robert A. Cooney
(231) 922-4600 |
| Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Grand Traverse - Power, T.)
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| Edmund McGehee Barbee, |
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Anne Yantus
(313) 256-9833 |
Defendant-Appellant. |
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Jacqueline J. McCann |
| ____________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Prosecuting Attorneys Association of Michigan's Amicus Curiae Brief>>
(Note: Brief was filed in People v Deline, Sup Ct No. 123079; however, per
request by PAAM,
amicus curiae brief is
considered as filed in this case (123491)).
Background:
Edmund McGehee Barbee gave police officers false identification and his brother's name when he was pulled over for erratic driving and defective equipment. He later pled guilty to drunk driving, and the Grand Traverse County Circuit Court imposed a 29 to 60 month sentence. Barbee moved for resentencing. He claimed that in scoring the Sentencing Guidelines, he should not have been given points for Offense Variable 19 - interference with the administration of justice - because officers eventually would have discovered his true identity. The Grand Traverse County Circuit Court denied resentencing, and the Court of Appeals denied Barbee's application for leave to appeal. Barbee appeals.
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