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PEOPLE v. CLARK

Docket No. 265776.

732 N.W.2d 605 (2007)

274 Mich. App. 248

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Paul CLARK, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 13, 2007, at 9:00 a.m.

Released for Publication May 14, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Thomas M. Chambers, Assistant Prosecuting Attorney, for the people.

Adil Haradhvala, Detroit, for the defendant.

Before: KIRSTEN FRANK KELLY, P.J., and DAVIS and SERVITTO, JJ.

KIRSTEN FRANK KELLY, P.J.

The prosecution appeals by leave granted the trial court's order granting defendant's motion for relief from judgment pursuant to MCR 6.508(D)(3). We reverse.

I. Facts

This case arises from the armed robbery and shooting of a 55-year-old man in 1987. Defendant was charged with felony-murder, MCL 750.316(1)(b), and possession of a firearm during the commission of a felony, MCL 750.227b, for which he was convicted and received...

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