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PEOPLE v. F P BOOKS & NEWS, INC.

Docket No. 178096.

210 Mich. App. 205 (1995)

533 N.W.2d 362

PEOPLE v. F P BOOKS AND NEWS, INC.

Michigan Court of Appeals.

Decided April 21, 1995, at 11:05 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 Richard H. Browne, Assistant Prosecuting Attorney, for the people.

Rubin & Rubin (by Carl L. Rubin), for the defendant.

Before: CAVANAGH, P.J., and BRENNAN and SAWYER, JJ.

ON REMAND

PER CURIAM.

Defendants were charged with several counts of first-degree obscenity, MCL 752.365; MSA 28.579(365). However, these criminal charges subsequently were dismissed by the trial court on the basis of its finding that the Michigan criminal obscenity statute, MCL 752.361 et seq.; MSA 28.579(361) et seq., was unconstitutionally overbroad. The people appealed, and the trial court...

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