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PEOPLE v. KNEZ

Docket No. 99088.

173 Mich. App. 402 (1988)

433 N.W.2d 423

PEOPLE v. KNEZ

Michigan Court of Appeals.

Decided December 5, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Margaret G. Horenstein, Assistant Prosecuting Attorney, for the people.

Bryan Knez, in propria persona, and Charles H. Tatham, of Counsel, for defendant.

Before: KELLY, P.J., and SULLIVAN and M.J. SHAMO, JJ.

KELLY, P.J.

We granted rehearing to address defendant's challenge of our finding that his retrial is not barred by the prohibition against double jeopardy. People v Knez, unpublished opinion per curiam of the Court of Appeals, decided July 8, 1988. (Docket No. 99088).1 Defendant argues that this finding was in direct conflict with this Court's holding in People v Brower,

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