PEOPLE OF MI V ANTHONY RAY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 30, 2000
Plaintiff-Appellee,
v
No. 210708
Wayne Circuit Court
LC No. 97-001723
ANTHONY RAY,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Kelly and Collins, JJ.
KELLY, J. (dissenting).
I respectfully dissent. I believe that proofs were insufficient to establish premeditation.
First-degree murder is distinguished from second-degree murder by the presence of
premeditation and deliberation. People v Morin, 31 Mich App 301, 329-331; 187 NW2d 434
(1971). The defendant’s conviction for first-degree murder should be vacated and the matter remanded
for entry of judgment of conviction of second-degree murder and resentencing.
/s/ Michael J. Kelly
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