PEOPLE v. RUSSELL

Docket No. 74515.

149 Mich. App. 110 (1985)

385 N.W.2d 613

PEOPLE v. RUSSELL

Michigan Court of Appeals.

Decided June 12, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William F. Delhey, Prosecuting Attorney, and Jack F. Simms, Jr., Assistant Prosecuting Attorney, for the people.

Elizabeth L. Lutton, for defendant.

Before: WAHLS, P.J., D.E. HOLBROOK, JR., and C.A. WICKENS, JJ.


PER CURIAM.

In this case we consider the applicability of the law of the case doctrine where an intervening change in law has occurred. We hold that the trial court was bound by our prior order and that the prosecution's proper remedy was to move for rehearing in this Court or to appeal to the Supreme Court.

Pursuant to a plea and sentence bargain, defendant pled guilty on June 11, 1981, to armed robbery, MCL 750.529; MSA 28.797. The bargain included a promise...

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