PEOPLE v. TRACEY

Docket No. 186458.

561 N.W.2d 133 (1997)

221 Mich. App. 321

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Donald Wayne TRACEY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 31, 1997, at 9:10 a.m.

Released for Publication April 9, 1997.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Joseph P. Kwiatkowski, Prosecuting Attorney, for People.

Pavlich & MacArthur by Scott L. Pavlich and Timothy R. MacArthur, Cheboygan, for defendant-appellee.

Before SAWYER, P.J., and MARKMAN and H.A. KOSELKA, JJ.


MARKMAN, Judge.

The prosecution appeals as of right pursuant to M.C.L. § 770.12; M.S.A. § 28.1109 an order granting defendant's motion for dismissal with prejudice. We reverse and remand.

Defendant was charged with six counts of assault with intent to commit second-degree criminal sexual conduct. M.C.L. § 750.520g; M.S.A. § 28.788(7). In her opening statement, the prosecutor stated that defendant...

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