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PEOPLE v. VAN DIVER

Docket No. 77352.

140 Mich. App. 484 (1985)

364 N.W.2d 357

PEOPLE v. Van DIVER

Michigan Court of Appeals.

Decided February 4, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and A. George Best II, Assistant Prosecuting Attorney, for the people.

Richard H. Morgan, Jr., for defendant.

Before: HOOD, P.J., and BRONSON and R.L. TAHVONEN, JJ.

BRONSON, J.

Defendant was originally charged with carrying a weapon in a motor vehicle, MCL 750.227; MSA 28.424, and possession of cocaine, MCL 333.7403(2)(a)(iv); MSA 14.15(7403)(2)(a)(iv). Defendant moved to have the evidence suppressed and, following an evidentiary hearing, the trial court granted defendant's motion. Defendant then moved to have the charges dismissed, which the court granted on the grounds that there was no longer any corpus of the crime. The prosecutor...

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