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PEOPLE v. BAUGH

Docket No. 225795.

620 N.W.2d 653 (2000)

243 Mich. App. 1

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Randy Lamont BAUGH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 13, 2000, at 9:00 a.m.

Released for Publication December 19, 2000.

Attorney(s) appearing for the Case

Jennifer, M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, and Joyce F. Todd, Assistant Prosecuting Attorney, for the people.

Ribitwer & Sabbota (by Jerome Sabbota), Bloomfield Hills, for the defendant.

Before GRIBBS, P.J., and NEFF and O'CONNELL, JJ.

O'CONNELL, J.

We granted the prosecutor's request for leave to appeal in this case to consider the trial court's denial of the prosecutor's motion to amend the charge against defendant from second-degree murder, M.C.L. § 750.317; MSA 28.549, to open murder, pursuant to M.C.L. § 750.316; MSA 28.548 and M.C.L. § 767.71; MSA 28.1011. We hold that the district court erred in concluding that a grand jury indictment of defendant on first-degree premeditated...

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