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PEOPLE v. BATES

Docket No. 110637.

175 Mich. App. 490 (1989)

438 N.W.2d 298

PEOPLE v. BATES

Michigan Court of Appeals.

Decided March 6, 1989.

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 Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Stuart L. Young, for defendant.

Before: MICHAEL J. KELLY, P.J., and GRIBBS and V.L. WASHINGTON, JJ.

MICHAEL J. KELLY, P.J.

The Oakland County Prosecutor appeals by leave granted from a circuit court decision permitting defendant Kimberly E. Bates to waive her right to a jury trial over the objection of the prosecutor. The lower court concluded that the amended version of MCL 763.3; MSA 28.856, which requires the prosecutor's consent in order to waive a jury trial, does not apply to charges based upon criminal activity which occurred prior to June 1, 1988, the effective...

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