People v. Harrison

Defendant was convicted by a jury of delivery of a controlled substance, MCLA 335.341; MSA 18.1070(41), and sentenced to 2 to 20 years imprisonment.

Defendant’s conviction must be reversed because the trial judge refused to instruct on the lesser included offenses of attempted delivery and of possession despite defense counsel’s request. People v Lovett, 396 Mich 101; 238 NW2d 44 (1976), People v Ora Jones, 395 Mich 379; 236 NW2d 461 (1975). The key issue is whether Ora Jones is *228retroactive. On the basis of People v Lovett, supra, we conclude that it is.

In Lovett the Supreme Court reversed a…