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PEOPLE v. GARCIA

Docket No. 98969, (Calendar No. 6).

448 Mich. 442 (1995)

531 N.W.2d 683

PEOPLE v. GARCIA

Supreme Court of Michigan.

Decided April 18, 1995.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Ward L. Clarkson, Prosecuting Attorney, and Randy O. Colbry, Assistant Prosecuting Attorney, for the people.

Arnold D. Dunchock (Thomas M. Donnellan, of counsel), for the defendant.

RILEY, J. (for reversal).

In this case we decide whether defendant's implicit acquittal of first-degree felony murder, by virtue of his conviction of second-degree murder, prevents retrial of the lesser-included offense of armed robbery because his guilt or innocence was necessarily determined by the implicit acquittal of first-degree murder. We conclude that defendant was not implicitly acquitted of the lesser-included...

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