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PEOPLE v. GRACE

Docket No. 240049.

671 N.W.2d 554 (2003)

258 Mich. App. 274

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James F. GRACE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 28, 2003, at 9:05 a.m.

Released for Publication October 29, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for the people.

Rita F. Young, Detroit, for the defendant.

Before: DONOFRIO, P.J., and BANDSTRA and O'CONNELL, JJ.

PER CURIAM.

The prosecution appeals as of right the dismissal with prejudice of a fourth-degree criminal sexual conduct charge, MCL 750.520e(1)(b), against defendant. The trial court dismissed the case with prejudice after the jury had been sworn but before any testimony had been heard because the complainant and two of the witnesses did not return to court after the lunch break. We reverse and remand for reinstatement of the charge.

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