People v. Langham

On October 1, 1979, defendant pled guilty to delivery of less than 50 grams of cocaine, in violation of MCL 333.7401(2)(iv); MSA 14.15(7401)(2)(iv), and to being a third felony offender in violation of MCL 769.11; MSA 28.1083. Pursuant to a plea and sentence agreement, defendant was sentenced to eight years with the Michigan Corrections Commission. Defendant’s sentence was a determinate eight years with no minimum nor maximum. Defendant appeals as of right from both his conviction and sentence.

First, defendant maintains that his conviction must be set aside because the Public Health Code of…