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PEOPLE v. PATMORE

Docket No. 250019.

693 N.W.2d 385 (2005)

264 Mich. App. 139

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James Dale PATMORE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 19, 2004, at 9:00 a.m.

Released for Publication December 8, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Douglas K. Fisher, Prosecuting Attorney, for the people.

Julianne Meyer-Sorek, Kalamazoo, for the defendant.

Before: NEFF, P.J., and SMOLENSKI and SCHUETTE, JJ.

SMOLENSKI, J.

Defendant pleaded no contest to assault with intent to commit murder, M.C.L. § 750.83, and resisting or obstructing a police officer, M.C.L. § 750.81d(1). Before sentencing, defendant moved to withdraw his plea after the alleged victim of the assault essentially recanted her preliminary examination testimony, testimony which constituted a substantial portion of the factual basis for defendant's plea. Following an evidentiary hearing at which...

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