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PEOPLE v. CLAY

No. 120024, Calendar No. 1.

661 N.W.2d 572 (2003)

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

Supreme Court of Michigan.

Decided May 30, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, Grand Rapids, MI, for the people.

State Appellate Defender (by Fred E. Bell), Lansing, MI, for the defendant-appellee.

David Morse, President, Michael E. Duggan, Prosecuting Attorney, and Janice M. Joyce Bartee, Principal Appellate Attorney, Detroit, MI, for the Prosecuting Attorneys Association of Michigan.

Opinion

YOUNG, J.

The Court of Appeals reversed the trial court's denial of defendant's motion for relief from judgment on the ground that defendant was not "lawfully imprisoned" as contemplated by M.C.L. § 750.197c. We reverse.

I. Background

Defendant was stopped by the police for allegedly trespassing, failing to obey a police officer, and assisting in a traffic violation. After the stop, the police discovered that defendant was...

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