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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v

UNPUBLISHED January 19, 1999

No. 202814 Gratiot Circuit Court LC No. 96-003332 FH

MARK ALLEN KRUGER, Defendant-Appellant.

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v No. 202815 Gratiot Circuit Court LC No. 96-003331 FH

JOHN MILTON ERSKIN, Defendant-Appellant.

Before: Cavanagh, P.J., and Markman and Smolenski, JJ. PER CURIAM. Following a jury trial, defendants were convicted of possession with intent to deliver marijuana, MCL 333.7401(2)(d)(iii); MSA 14.15(7401)(2)(d)(iii). The trial court sentenced Defendant Erskin as a second habitual offender, MCL 769.10(1)(a); MSA 28.1082(1)(a), to three to six years' imprisonment. The trial court sentenced Defendant Kruger to four years' probation. We affirm.

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I Defendants appeal the trial court's refusal to quash a search warrant and suppress the evidence flowing from that search, alleging that the affidavit was insufficient and that the information it contained was stale. Article I,

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