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December 2012

Dec 2012
21
December 21, 2012

COA Opinion: Firefighters qualify as 'victims' for sentencing purposes

In People v Fawaz, the Court of Appeals held that the trial court had erred when sentencing a defendant convicted of arson, and in setting his restitution amount. First, the Court of Appeals held that the trial court erred in not including first responders, such as the firefighters in this case, as victims under Offense Variables 3 and 9.

Dec 2012
21
December 21, 2012

COA Opinion: Entering without permission is not a lesser included offense of entering with intent to commit a larceny

In People v Heft, the Court of Appeals held that entering without permission is not a lesser included offense of entering without breaking with the intent to commit a larceny, because all the elements of the former are not included in the latter. Therefore, the trial court did not err by failing to instruct the jury to consider the entering without p

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