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PEOPLE v. EATON

Docket No. 218815.

617 N.W.2d 363 (2000)

241 Mich. App. 459

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Charles E. EATON, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 13, 2000, at 9:15 a.m.

Released for Publication September 6, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for the people.

State Appellate Defender (by Susan J. Smith), for the defendant on appeal.

Before MICHAEL J. KELLY, P.J., and HOLBROOK, JR., and RICHARD ALLEN GRIFFIN, JJ.

MICHAEL J. KELLY, P.J.

The prosecution appeals as of right from the trial court's order dismissing charges of possession of less than twenty-five grams of cocaine and possession of marijuana, M.C.L. § 333.7403(2)(a)(v) and (d); MSA 14.15(7403)(2)(a)(v) and (d). The dismissal followed the court's order granting defendant's motion to suppress evidence seized by a police officer incident to defendant's lawful arrest following...

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