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PEOPLE v. MONDAY

Docket No. 25686.

70 Mich. App. 518 (1976)

245 N.W.2d 811

PEOPLE v. MONDAY

Michigan Court of Appeals.

Decided August 4, 1976.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and John J. Hensel, Senior Assistant Prosecuting Attorney, for the people.

Conlin, Conlin & McKenney (by Allen J. Philbrick), for defendant.

Before: ALLEN, P.J., and D.E. HOLBROOK, JR., and E.H. PAPP, JJ.

ALLEN, P.J.

May a trial court, acting under § 1 of Chapter 11 of the Code of Criminal Procedure, MCLA 771.1; MSA 28.1131,1 dismiss a felony case, after conviction on a plea of nolo contendere, without a motion for nolle prosequi by the prosecuting attorney? This question of first impression arises on the following facts:

In June 1973, the defendant, a licensed practical nurse employed at the Ypsilanti State Hospital,

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