People v. Rhinehart

Defendant, Gary Paul Rhinehart, appeals as of right his jury conviction for delivery of less than 50 grams of cocaine, MCL 333.7401(1) and (2)(a)(iv); MSA 14.15(7401X1) and (2)(a)(iv).

Defendant and codefendant, David Rhinehart, who is defendant’s brother, were represented by the same attorney and tried together. Codefendant was acquitted but defendant was found guilty. On appeal, defendant contends that he was denied effective assistance of counsel because his trial attorney jointly represented defendant and codefendant and failed to seek separate trials.

In People v Hunter, 141 Mich App 225,…