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PEOPLE v. ADAMS

Docket No. 203740.

592 N.W.2d 794 (1999)

233 Mich. App. 652

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Wilmor ADAMS, Defendant-Appellee.

Court of Appeals of Michigan.

Submitted September 1, 1998, at Detroit.

Decided February 2, 1999, at 9:20 a.m.

Released for Publication April 21, 1999.

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 Janet A. Napp, Assistant Prosecuting Attorney, for the people.

Orlans, Sherbow & Mitchell (by William Mitchell, III), Troy, for the defendant.

Before: HOLBROOK, JR., P.J., and MARKEY and WHITBECK, JJ.

MARKEY, J.

The prosecution appeals by right the trial court's order dismissing the charges of assault with intent to commit murder, M.C.L. § 750.83; MSA 28.278, possession of a firearm during the commission of a felony, M.C.L. § 750.227b; MSA 28.424(2), felon in possession of a firearm, M.C.L. § 750.224f; MSA 28.421(6), and fourth-offense habitual offender, M.C.L. § 769.12; MSA 28.1084, because the complaining witness left the courthouse before...

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