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PEOPLE v. ACOSTA-BAUSTISTA

Docket No. 303015.

821 N.W.2d 169 (2012)

296 Mich. App. 404

PEOPLE v. ACOSTA-BAUSTISTA.

Court of Appeals of Michigan.

Decided May 1, 2012, at 9:05 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Stuart J. Dunnings, III , Prosecuting Attorney, and Joseph B. Finnerty , Appellate Division Chief, for the people.

Jonathon Toby White , PLC, Okemos (by Stephanie R. Farman ), for defendant.

Before: HOEKSTRA, P.J., and SAWYER and SAAD, JJ.

PER CURIAM.

The prosecution appeals as of right the circuit court order granting defendant's motion to quash his bindover after the district court found that there was probable cause to believe that defendant was guilty of operating a vehicle in violation of MCL 257.904(4). The circuit court held that there was no probable cause and ordered that the charge be dismissed. Because we conclude that the plain language of MCL 257.904(4) does not include persons driving...

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