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PEOPLE v. McKINLEY

Docket No. 236310.

661 N.W.2d 599 (2003)

255 Mich. App. 20

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Jerome Anthony McKINLEY, Defendant-Appellee.

Court of Appeals of Michigan.

Released for Publication April 2, 2003.

Decided January 14, 2003, at 9:05 a.m.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, James J. Gregart, Prosecuting Attorney, and Heather S. Bergmann, Assistant Prosecuting Attorney, for the people.

Levine & Levine (by Gary C. Giguere, Jr.), Kalamazoo, for the defendant on appeal.

Before: WILDER, P.J., and BANDSTRA and HOEKSTRA, JJ.

WILDER, P.J.

The prosecution appeals by leave granted orders of the 8th District Court and the Kalamazoo Circuit Court dismissing the charge against defendant. We reverse and remand.

I

Defendant was driving his mother's dark green Chevrolet Caprice at approximately 1:30 a.m. on November 2, 1999, and was observed traveling north on I-94 by Officer Brett Stapert of the Portage Police Department. For reasons not indicated on the record, Officer Stapert...

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