People v. Toohey

Following a bench trial, defendant was convicted of possession of more than 50 grams but less than 225 grams of a mixture containing a controlled substance (cocaine), with intent to deliver, MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a) (iii), and operating a vehicle while under the influence of intoxicating liquor (ouil), MCL 257.625(1); MSA 9.2325(1). Defendant received ninety days imprisonment for the ouil conviction and the statutory minimum ten years imprisonment for the cocaine-related conviction. In this appeal as of right defendant asserts the trial court erroneously denied his…