PEOPLE v. GOEDDEKE

Docket No. 109283.

174 Mich. App. 534 (1988)

436 N.W.2d 407

PEOPLE v. GOEDDEKE

Michigan Court of Appeals.

Decided December 16, 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 Daniel J. Garber, Jr., Assistant Prosecuting Attorney, for the people.

O'Neill, Shannon & Mills (by John F. Mills), for defendant.

Before: MICHAEL J. KELLY, P.J., and MacKENZIE and S.B. MILLER, JJ.


PER CURIAM.

The people appeal from a circuit court order affirming a district court dismissal of the second count of a two-count complaint. The district judge found that the addition of the second count gave rise to a presumption of prosecutorial vindictiveness, and dismissed the charge as violating due process of law. We find no actual or presumed prosecutorial vindictiveness, and reverse.

In February of 1985, defendant was arrested in the City of Orchard...

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