PEOPLE v. TORRES

Docket No. 102759, Calendar No. 11.

549 N.W.2d 540 (1996)

452 Mich. 43

PEOPLE of the State of Michigan, Plaintiff-Appellant, Cross-Appellee, v. Gavino TORRES, Defendant-Appellee, Cross-Appellant.

Supreme Court of Michigan.

Decided June 25, 1996.


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, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, for the people.

State Appellate Defender by Ronald E. Steinberg, Detroit, for defendant.

David A. Moran, Detroit, Amicus Curiae for Criminal Defense Attorneys of Michigan.


RILEY, Justice.

In this case, we must resolve the legal questions that arise from the trial court's decision to dismiss criminal charges against defendant on double jeopardy grounds. In his first trial, defendant was convicted of simple possession of more than 650 grams of cocaine and acquitted of the charge of possession with intent to deliver over 650 grams of cocaine. The trial court vacated his conviction on the simple possession charge and granted defendant a...

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