PEOPLE v. EVANS

Docket No. 83297, (Calendar No. 5).

434 Mich. 314 (1990)

454 N.W.2d 105

PEOPLE v. EVANS

Supreme Court of Michigan.

Decided April 3, 1990.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, George B. Mullison, Prosecuting Attorney, and Martha G. Mettee, Assistant Prosecuting Attorney, for the people.

Vincent A. Scorsone and Joseph Samuel Scorsone for the defendant.


BOYLE, J.

The question before the Court is whether the forfeiture set-aside provision of MCL 765.15(a); MSA 28.902(a) applies in cases where a criminal defendant's release was secured by the posting of a surety bond with the trial court. We hold that the set-aside provision applies only where the defendant's release was obtained by the placement of cash, a check, or certain securities on deposit with the trial court, pursuant to MCL 765.12; MSA 28.899, in lieu of...

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