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PEOPLE v. DOYLE

No. 98809, Calender No. 3.

545 N.W.2d 627 (1996)

451 Mich. 93

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Robert DOYLE, Defendant-Appellee.

Supreme Court of Michigan.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Richard H. Browne, Assistant Prosecuting Attorney, Pontiac, for the People.

Robert S. Zawideh, Warren, for defendant.

Donald Martin, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Lansing, for the Prosecuting Attorneys Association of Michigan, amicus curiae.

OPINION

MALLETT, Justice.

We granted leave in this case to determine whether this Court's decision in People v. Bewersdorf,1 is retroactively applicable to conduct that took place before the release of that opinion. We hold that People v. Bewersdorf applies retroactively to the present defendant, Mr. Robert Doyle. We reverse the judgment of the Court of Appeals and remand this case to the circuit court for further...

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