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PEOPLE v. LaBELLE

Docket No. 261749.

729 N.W.2d 525 (2006)

273 Mich. App. 214

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michelle Elizabeth LaBELLE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 12, 2006, at 9:10 a.m.

Released for Publication March 14, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Appellate Division Chief, and John S. Pallas, Assistant Prosecuting Attorney, for the people.

Neal D. Nielsen, Brighton, for the defendant.

Before: SAWYER, P.J., and WILDER and SERVITTO, JJ.

SAWYER, P.J.

Defendant was charged with one count of possession with intent to deliver marijuana.1 The district court dismissed the charge after concluding that the marijuana was found during an illegal search of defendant's backpack. The circuit court affirmed the dismissal on appeal. This Court denied the prosecutor's delayed application for leave to appeal. But the Supreme Court, in lieu of granting leave, remanded the matter to this...

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