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PEOPLE v. DAVIE

Docket No. 181537.

571 N.W.2d 229 (1997)

225 Mich. App. 592

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Charles DAVIE and Reginald Obispo, Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 3, 1997, at 9:10 a.m.

Released for Publication December 23, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of Research, Training, and Appeals, and Douglas P. Dwyer, Asst. Pros. Atty., for People.

State Appellate Defender by Gail Rodwan, Detroit, for Charles Davie.

Marcia J. Covert, Detroit, for Reginald Obispo.

Before MURPHY, P.J., and MICHAEL J. KELLY and GRIBBS, JJ.

AFTER REMAND

MICHAEL J. KELLY, Judge.

The prosecution appeals as of right an order dismissing the charge of delivery of less than fifty grams of cocaine, M.C.L. § 333.7401(2)(a)(iv); M.S.A. § 14.15(7401)(2)(a)(iv), against Charles Davie, and an order dismissing the charges of delivery of less than fifty grams of cocaine, possession with intent to deliver less than fifty grams of cocaine, and possession of a firearm during the commission of a felony...

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