PEOPLE v. ORTIZ

Docket No. 192779.

569 N.W.2d 653 (1997)

224 Mich. App. 468

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Juan Emilio ORTIZ, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 15, 1997, at 9:00 a.m.

Released for Publication October 8, 1997.


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 of Research, Training, and Appeals, and Douglas P. Dwyer, Assistant Prosecuting Attorney, for People.

Craig A. Daly, P.C. by Craig A. Daly, Detroit, for Defendant-Appellee.

Before SAWYER, P.J., and MURPHY and MARK J. CAVANAGH, JJ.


AFTER SECOND REMAND

MARK J. CAVANAGH, Judge.

The prosecutor appeals as of right the trial court order on second remand setting aside defendant's conviction of possession of more than twenty-five grams but less than fifty grams of cocaine, M.C.L. § 333.7403(2)(a)(iv); M.S.A. § 14.15(7403)(2)(a)(iv), on the basis that a search warrant had been executed improperly. We affirm.

On June 23, 1992, the...

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