|
No. 133264
| The People of the State of Michigan, |
|
David A. McCreedy |
Plaintiff-Appellant, |
|
|
| v |
(Appeal from Ct of Appeals) |
|
|
(Wayne - Jackson, T.) |
|
|
| Julias Holley, |
|
Christine A. Pagac |
| Defendant-Appellee. |
|
|
| __________________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Supplemental Brief>>
Defendant-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Background
Julias Holley was charged with assault with a dangerous weapon for allegedly threatening his girlfriend with a knife. He was also charged with the misdemeanor offense of interference with a crime report for cutting the telephone cord while his girlfriend tried to call the police to report the alleged assault. Following a bench trial, the judge acquitted Holley of the assault charge, but convicted him of interference with a crime report; Holley was sentenced to two years of probation. The Court of Appeals, in a split unpublished decision, reversed the conviction and remanded the case to the trial court. The majority held that MCL 750.483a(1)(b), the statute that defines the offense of interference with a crime report, requires proof beyond a reasonable doubt of “a crime committed or attempted.” But, the Court of Appeals said, the trial judge apparently interpreted MCL 750.483a(1)(b) to require only that the complainant perceived that there was “a crime committed or attempted.” Accordingly, the trial judge’s findings were insufficient to sustain Holley’s conviction, the appellate panel said. On remand, the Court of Appeals majority instructed the trial judge to decide whether there was an actual “crime committed or attempted.” The prosecutor appeals.
Top of Page
|
