People v. Cuellar

Defendant was convicted by a jury on August 13, 1974, of possession with intent to deliver heroin. MCLA 335.341(l)(a); MSA 18.1070(41)(l)(a). On the same date, he was convicted on a supplemental information charging him as an habitual offender. On September 12, 1974, defendant was sentenced to a prison term of from 25 to 40 years.

Defendant first claims that the prosecution in this case was barred by former jeopardy, relying primarily on People v White, 390 Mich 245; 212 NW2d 222 (1973). Defendant refers to his February 26, 1974 conviction of possession with intent to deliver heroin and…