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PEOPLE v. REINCKE

Docket No. 123121, COA No. 232662.

670 N.W.2d 568 (2003)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Duane Eugene REINCKE, Defendant-Appellant.

Supreme Court of Michigan.

November 7, 2003.

On order of the Court, the application for leave to appeal the December 6, 2002 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration in light of People v. Babcock, 469 Mich. 247, 666 N.W.2d 231 (2003).

WEAVER, J., dissents and states as follows:

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