PEOPLE v. DERROR

Nos. 258346, 259315.

706 N.W.2d 451 (2005)

268 Mich. App. 67

PEOPLE of The State of Michigan, Plaintiff-Appellant, v. Delores Marie DERROR, Defendant-Appellee. People of The State of Michigan, Plaintiff-Appellant, v. Dennis Wayne Kurts, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 6, 2005, at 9:05 a.m.

Released for Publication November 29, 2005.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Alan Schneider, Prosecuting Attorney, and Robert A. Cooney, Assistant Prosecuting Attorney, for the people in Docket No. 258346.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people in Docket No. 259315.

State Appellate Defender (by Christine A. Pagac) for Delores M. Derror.

Jerry M. Engle, Jackson, for Dennis W. Kurts.

Before: COOPER, P.J., and JANSEN and HOEKSTRA, JJ.


ON RECONSIDERATION

COOPER, P.J.

In these consolidated appeals, the prosecution appeals by leave granted1 two trial court orders ruling that "carboxy THC"2 is not a schedule 1 controlled substance under M.C.L. § 333.7212(1)(d) for purposes of punishing violations of M.C.L. § 257.625(8), which prohibits the operation of a motor vehicle with any amount of a schedule 1 controlled substance in...

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