PEOPLE v. MILLER

Docket No. 90547, (Calendar No. 3).

440 Mich. 631 (1992)

489 N.W.2d 60

PEOPLE v. MILLER

Supreme Court of Michigan.

Decided September 15, 1992.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, James J. Gregart, Prosecuting Attorney, and Michael H. Dzialowski, Assistant Prosecuting Attorney, for the people.

Patricia S. Slomski for the defendant.


BOYLE, J.

The issue presented is whether MCL 330.2044(1)(b); MSA 14.800(1044)(1)(b), requiring dismissal of pending criminal charges against an incompetent defendant after fifteen months, is calculated on a continuous or total time basis and whether reversal is required when an otherwise error free conviction is entered after expiration of the statutory commitment period. We find that a defendant may not be committed, by reason of incompetence to stand trial on criminal...

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