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PEOPLE v. VENTICINQUE

Docket No. 109764, Calendar No. 11.

586 N.W.2d 732 (1998)

459 Mich. 90

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Ronald John VENTICINQUE, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Thomas R. Grden, Assistant Prosecuting Attorney, Pontiac, for the people.

Arthur Jay Weiss, Farmington Hills, for the defendant-appellee.

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

OPINION

BOYLE, J.

The defendant was charged with the felony of misrepresenting the identity of a motor vehicle with intent to mislead, M.C.L. § 750.415(2); MSA 28.647(2). At the preliminary examination, the district court dismissed the felony charge and bound the defendant over on the misdemeanor charge of misrepresenting the identity of a motor vehicle without the intent to mislead. The circuit court reversed and remanded to the district court to bind...

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