People v. Gridiron

ON REHEARING

Before: Marilyn Kelly, P.J., and Sawyer and Weaver, JJ. Sawyer, J.

Defendant was convicted, following a jury trial, of possession of cocaine in an amount of 225 grams or more but less than 650 grams. MCL 333.7403(2)(a)(ii); MSA 14.15(7403)(2)(a)(ii). He was sentenced to serve a term of ten to thirty years in prison. Defendant appealed, and we reversed his conviction, agreeing that the trial court had erred in not instructing the jury with regard to simple possession under MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b). We ordered the trial court to enter a conviction on that lesser…