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PEOPLE v. NIX

Docket No. 103072, Calendar No. 1.

556 N.W.2d 866 (1996)

453 Mich. 619

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Terressa L. NIX also known as Teressa Nix, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 30, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Richard H. Browne, Assistant Prosecuting Attorney, Pontiac, for the People.

State Appellate Defender by David A. Moran, Detroit, for defendants-appellee.

Michael Thomas, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Saginaw, amicus curiae for Prosecuting Attorneys Association of Michigan.

OPINION

MICHAEL F. CAVANAGH, Justice.

This case presents us with the question whether defendant's rights under the Double Jeopardy Clause were violated. The Court of Appeals concluded that such a violation had occurred, and reversed defendant's conviction. We now affirm.

I

Defendant was charged with one count of first-degree premeditated murder and one count of felony murder.1 The victim was kidnapped by defendant...

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