PEOPLE v. PETERS

Docket No. 149161.

205 Mich. App. 312 (1994)

517 N.W.2d 773

PEOPLE v. PETERS

Michigan Court of Appeals.

Decided May 16, 1994, at 9:40 A.M.


Attorney(s) appearing for the Case

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

Elizabeth L. Jacobs, for the defendant on appeal.

Before: MICHAEL J. KELLY, P.J., and SHEPHERD and MURPHY, JJ.


AFTER REMAND

MURPHY, J.

Defendant appealed as of right from the trial court's judgment concluding that the restitution part of defendant's sentence survives the abatement ab initio of the criminal cause against defendant. We reverse.

The parties do not dispute the basic facts of this case. On September 20, 1990, defendant pleaded no contest to one count of conspiracy to burn insured property, MCL 750.157a; MSA 28.354(1) and MCL 750.75; MSA 28.270...

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