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IN RE FULTZ

Docket No. 165271.

211 Mich. App. 299 (1995)

535 N.W.2d 590

In re FULTZ

Michigan Court of Appeals.

Decided June 2, 1995, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, and John S. Pallas, Assistant Prosecuting Attorney, for the people.

Earl R. Spuhler, for the respondent.

Before: DOCTOROFF, C.J., and CAVANAGH and SMOLENSKI, JJ.

CAVANAGH, J.

Respondent, Joseph Dale Fultz, was charged with four counts of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). The charges were dismissed by the Oakland County Probate Court. The circuit court affirmed the decision of the probate court. The prosecution appeals by leave granted. We affirm.

On December 6, 1991, the Oakland County prosecutor's office filed a petition in the probate court on the basis of allegations...

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