People v. QUADA

Order Michigan Supreme Court Lansing, Michigan October 18, 2006 Clifford W. Taylor, Chief Justice 130425 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellant, Stephen J. Markman, Justices v SC: 130425 COA: 256068 Jackson CC: 03-000466-FH CHRISTIAN EARL QUADA, Defendant-Appellee. _________________________________________/ By order of April 28, 2006, the application for leave to appeal the January 10, 2006 judgment of the Court of Appeals was held in abeyance pending the decision in People v Anstey (Docket No. 128368). On order of the Court, the case having been decided on July 31, 2006, 476 Mich 436 (2006), the application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the defendant’s conviction because dismissal is not a proper remedy for a violation of MCL 257.625a(6)(d). KELLY, J., would deny leave to appeal. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 18, 2006 _________________________________________ p1011 Clerk