PEOPLE v. HICKS

Docket No. 149026.

201 Mich. App. 197 (1993)

506 N.W.2d 269

PEOPLE v. HICKS

Michigan Court of Appeals.

Decided August 16, 1993, at 9:25 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, and Karen M. Woodside, Assistant Prosecuting Attorney, for the people.

Henry M. Scharg, for the defendant.

Before: FITZGERALD, P.J., and MICHAEL J. KELLY and J.T. HAMMOND, JJ.


FITZGERALD, P.J.

Defendant appeals by leave granted from the trial court's denial of his motion to dismiss the charges against him on double jeopardy grounds. We reverse.

Defendant was charged with assault with intent to murder, MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). A bench trial was commenced before Detroit Recorder's Court Judge Daphne Means Curtis on September 9, 1991. During...

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