People v. Miller

Following a jury trial, defendant was convicted of possession with intent to deliver heroin, MCL 333.7401; MSA 14.15(7401), and was sentenced to a term of from 6-1/2 to 20 years imprisonment. Defendant appeals as of right.

Defendant first argues that the jury actually returned a verdict of guilty of possession of heroin instead of possession with intent to deliver heroin. The clerk of the court made an error in polling the jury by asking them if they had found defendant guilty of possession of heroin. Each juror responded in the affirmative. The jury’s verdict form stated that they found him…