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PEOPLE v. GAVAL

Docket No. 146430.

202 Mich. App. 51 (1993)

507 N.W.2d 786

PEOPLE v. GAVAL

Michigan Court of Appeals.

Decided October 5, 1993, at 9:35 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Richard P. Zipser, for the defendant on appeal.

Before: MacKENZIE, P.J., and GRIFFIN and W.L. CAHALAN, JJ.

PER CURIAM.

The people appeal as of right from an order of the Oakland Circuit Court dismissing the instant criminal case against defendant on the basis that a second trial was barred on double jeopardy grounds. We reverse.

Defendant was charged with single counts of conspiracy, MCL 750.157a; MSA 28.354(1), and possession with intent to deliver 650 grams or more of cocaine, MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i). Originally, defendant was tried jointly...

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