People v. Clabin

The defendant, while an inmate in prison, stabbed another prisoner. After plea bargaining, he pled guilty to a charge of possessing a weapon while an inmate contrary to MCL 800.283; MSA 28.1623. On appeal he argues that his conviction is invalid because the language of MCL 800.283; MSA 28.1623 which has applicability to this case had never been properly re-enacted after this Court declared it unconstitutional in People v Stanton, 400 Mich 192; 253 NW2d 650 (1977). We agree with the defendant and we reverse his conviction.

I

In People v Stanton, we declared that the 1972 amendment of 1909 PA 17…