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PEOPLE v. McINTIRE

Docket Nos. 194301, 194362.

591 N.W.2d 231 (1998)

232 Mich. App. 71

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Charles Raymond McINTIRE, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellee, v. Charles Raymond McIntire, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 9, 1998, at 9:00 a.m.

Released for Publication January 8, 1999.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Vicki P. Kundinger, Prosecuting Attorney, Donald J. McLennan, Special Prosecuting Attorney, and J. Ronald Kaplansky, Assistant Attorney General, for the people.

State Appellate Defender (by C. Joseph Booker), for the defendant on appeal.

Charles R. McIntire, In Propria Persona.

Before YOUNG, Jr., P.J., and MARKMAN and SMOLENSKI, JJ.

MARKMAN, J.

In Docket No. 194301 of these consolidated appeals, the prosecutor appeals as of right an order dismissing charges against defendant of open murder, M.C.L. § 750.316; MSA 28.548, and possession of a firearm during the commission of a felony (felony-firearm), M.C.L. § 750.227b; MSA 28.424(2). We reverse and remand for reinstatement of the charges. In Docket No. 194362, defendant appeals as of right...

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