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PEOPLE v. YOST

Docket No. 119889, Calendar No. 1.

659 N.W.2d 604 (2003)

The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Donna Alice YOST, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 23, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Joseph K. Sheeran, Prosecuting Attorney, and Martha G. Mettee, Assistant Prosecuting Attorney, Bay City, MI, for the people.

Bay Justice Associates, P.C., (by Edward M. Czuprynski), Bay City, MI, for the defendant-appellant.

Juan A. Mateo and Gerald K. Evelyn, Detroit, MI, for Dennis Richardson.

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

Opinion

TAYLOR, J.

We granted leave to appeal in this case to determine whether the examining magistrate abused his discretion when he refused to bind defendant over for trial in the circuit court. Finding such an abuse occurred, we affirm the circuit court judgment that reinstated the charges.

I. Proceedings below

Donna Yost was charged with open murder, M.C.L. § 750.316(1)(a), and felony murder, M.C.L. § 750.316(1)(b),

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