PEOPLE v. PHILABAUN

Docket No. 201759.

595 N.W.2d 502 (1999)

234 Mich. App. 465

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Harry David PHILABAUN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 19, 1999, at 9:00 a.m.

Released for Publication June 22, 1999.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Edward F. Swinkey, Prosecuting Attorney, and Michael G. Roehrig, Assistant Prosecuting Attorney, for the people.

Jack Vitale, Monroe, for the defendant.

Before MICHAEL J. KELLY, P.J., and HOLBROOK, JR., and MURPHY, JJ.


MICHAEL J. KELLY, P.J.

The prosecution appeals by leave granted the order of the circuit court affirming the magistrate's decision to not bind over defendant on a charge of resisting and obstructing a police officer, M.C.L. § 750.479; MSA 28.747. We affirm.

BACKGROUND

On August 8, 1996, at approximately 12:35 a.m., defendant drove his car in the wrong direction on an entrance ramp of I-75. Monroe County Deputy Sheriff Ken Booker stopped the...

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