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PEOPLE v. BAILEY

Docket No. 137688. COA No. 278047.

762 N.W.2d 161 (2009)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert E. BAILEY, Defendant-Appellant.

Supreme Court of Michigan.

March 18, 2009.

Order

On order of the Court, the application for leave to appeal the September 23, 2008 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals' double jeopardy analysis and REMAND this case to that court for reconsideration, under the five-factor test recognized by this Court in People v. Mezy, 453 Mich. 269, 285,

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