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PEOPLE v. HAWKINS

Docket No. 116268.

181 Mich. App. 393 (1989)

448 N.W.2d 858

PEOPLE v. HAWKINS

Michigan Court of Appeals.

Decided December 5, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Wesley J. Nykamp, Prosecuting Attorney, and Gregory J. Babbitt, Assistant Prosecuting Attorney, for the people.

Persinger & Farmer, P.C. (by Floyd H. Farmer, Jr.), for defendant.

Before: WAHLS, P.J., and GRIBBS and R.B. BURNS, JJ.

PER CURIAM.

On remand from our Supreme Court, 432 Mich. 880 (1989), the prosecution appeals a July 7, 1988, opinion of the Ottawa Circuit Court and subsequent order remanding the case to the 58th District Court.

Defendant was arrested for driving under the influence of intoxicating liquor in violation of MCL 257.625; MSA 9.2325. Defendant filed a motion to dismiss the charges in district court on the basis that the parking lot where he was arrested was

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