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PEOPLE v. CLAY

Docket No. 211768.

636 N.W.2d 303 (2001)

247 Mich. App. 322

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jerry CLAY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 31, 2001, at 9:15 a.m.

Released for Publication November 15, 2001.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

State Appellate Defender (by Fred E. Bell), for the defendant on appeal.

Before HOOD, P.J., and HOLBROOK, Jr., and FITZGERALD, JJ.

ON REMAND

PER CURIAM.

This case is before us on remand from the Supreme Court. On original submission, over a dissent by Judge Holbrook, we affirmed the trial court's denial of defendant's motion for relief from judgment, People v. Clay, 239 Mich.App. 365, 608 N.W.2d 76 (2000), by concluding that the Legislature did not intend to require that the prosecution prove that a...

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