PEOPLE v. MIHLFELD

Docket No. 113276.

183 Mich. App. 609 (1990)

455 N.W.2d 349

PEOPLE v. MIHLFELD

Michigan Court of Appeals.

Decided May 7, 1990.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of the Criminal Division, Research, Training and Appeals, and Susan Randolph, Assistant Prosecuting Attorney, for the people.

Suzanne Carol Schuelke, for defendant.

Before: CYNAR, P.J., and BRENNAN and MARILYN KELLY, JJ.


BRENNAN, J.

Following a bench trial, defendant was convicted of negligent homicide, MCL 750.324; MSA 28.556, and was sentenced to a prison term of sixteen to twenty-four months. Defendant appeals as of right and we reverse.

Defendant's conviction was based upon the trial court's finding that defendant was operating a motor vehicle at an immoderate rate of speed at the time of the accident which claimed the life of Darrell Britton. Viewed in a light most favorable...

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