People v. McCracken

Defendant was convicted, following a jury trial, of delivery of less than fifty grams of a controlled substance. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). Defendant was thereafter sentenced to a term of from five to twenty years in prison. At sentencing, the trial court also sentenced defendant on an unrelated plea-based perjury conviction, imposing a consecutive sentence of from five to fifteen years. She now appeals and we affirm the conviction but vacate the sentence.

Defendant was visiting a friend, Thomas Cross, who, at the time of the instant offense, was a resident of the…