PEOPLE v. AVILA

Docket No. 204993.

582 N.W.2d 838 (1998)

229 Mich. App. 247

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Pablo AVILA, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 10, 1998, at 9:20 a.m.

Released for Publication July 29, 1998.


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 Jeffrey Caminsky, Assistant Prosecuting Attorney, for People.

Fried, Saperstein & Kriger, P.C. by Mark J. Kriger, Southfield, and Cornelius Pitts, Detroit, for Defendant-Appellee.

Before HOOD, P.J. and McDONALD and WHITE, JJ.


ON REMAND

McDONALD, Judge.

The prosecution appeals as of right an order dismissing the charge of possession with intent to deliver 650 grams or more of cocaine, M.C.L. § 333.7401(2)(a)(i); M.S.A. § 14.15(7401)(2)(a)(i), against defendant. This Court previously affirmed the trial court's dismissal of the charges in an unpublished order.1 The Michigan Supreme Court vacated this Court's judgment and remanded for plenary...

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