PEOPLE v. VENTURA

Docket No. 248064.

686 N.W.2d 748 (2004)

262 Mich.App. 370

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Aaron VENTURA, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 10, 2004, at 9:10 a.m.

Released for Publication August 18, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and William J. Vailliencourt, Jr., Assistant Prosecuting Attorney, for the people.

Heather K. Suthpin and Michael P. Hatty, Howell, Brighton, for the defendant.

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


DONOFRIO, J.

The prosecution appeals as of right from an order granting defendant's motion to quash the information and dismiss the case. Because we disagree with the trial court's finding that MCL 750.81d requires a showing that defendant's arrest was lawful, we reverse.

Substantive Facts and Procedural History

Defendant, a minor at the time of the offense at issue, was charged under the assault chapter of the Michigan Penal Code with assaulting,...

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