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PEOPLE v. RABY

Docket No. 173809.

554 N.W.2d 25 (1996)

218 Mich. App. 78

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert David RABY, Defendant-Appellant.

Court of Appeals of Michigan.

Released September 26, 1995.

Vacated and Sent to Special Resolution Panel October 10, 1995.

Decided July 30, 1996, at 9:20 a.m.

Released for Publication September 27, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, Donald A. Kuebler, Chief, Appeals, Research, and Training, and Dale A. DeGarmo, Assistant Prosecuting Attorney, for the people.

State Appellate Defender by Susan M. Meinberg, for defendant on appeal.

Before Michael J. KELLY, P.J., and CORRIGAN, SAAD, BANDSTRA, MARKEY, MARKMAN, and SMOLENSKI, JJ.

SMOLENSKI, Judge.

Pursuant to Administrative Order No. 1994-4, this special panel was convened to resolve the conflict between the prior opinion in this case, 213 Mich.App. 801, 541 N.W.2d 282 (1995), and People v. Warner, 190 Mich.App. 26, 475 N.W.2d 397 (1991). The prior panel in this case held that it was bound by AO 1994-4 to follow People v. Polus,

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