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PEOPLE v. ZAHN

Docket No. 209176.

594 N.W.2d 120 (1999)

234 Mich. App. 438

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Scott Louis ZAHN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 12, 1999, at 9:05 a.m.

Released for Publication June 10, 1999.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, Donald A. Kuebler, Chief, Appeals, Research, and Training, and Timothy J. Cassady, Assistant Prosecuting Attorney, for the people.

Jerome F. O'Rourke, Flint, for the defendant.

Before: TALBOT, P.J., and McDONALD and NEFF, JJ.

TALBOT, P.J.

The prosecution appeals as of right from a circuit court order granting defendant's motion to suppress certain evidence and to dismiss the charge of delivery of 225 grams or more but less than 650 grams of a mixture containing cocaine, M.C.L. § 333.7401(2)(a)(ii); MSA 14.15(7401)(2)(a)(ii). We reverse.

At the hearing regarding defendant's motion to suppress, the parties stipulated to allow the circuit court to decide the motion solely on...

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