People v. Binder

ON REMAND

Before: Marilyn Kelly, P.J., and Reilly and McDonald, JJ. Marilyn Kelly, P.J.

This case is before us as on rehearing granted by order of the Supreme Court pursuant to MCR 7.302(F)(1). The Supreme Court instructed us to consider two issues not addressed by the majority in People v Binder, unpublished opinion per curiam of the Court of Appeals, issued November 3, 1993 (Docket No. 137274).

Both questions concern a defendant charged with delivery of 650 grams of a controlled substance contrary to MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i). The first is whether the trial court is…