Opinion
SC 164767 COA 359333
03-29-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. DAVID J. CRAMER, Defendant-Appellee.
Bay CC: 20-010298-FH
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the July 14, 2022 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the September 27, 2021 order of the Bay County Circuit Court. The Court of Appeals erred by holding that the circuit court is not authorized to remand a misdemeanor charge to the district court following the dismissal of the last felony charge that was bound over to circuit court. See MCL 600.611; People v Miklovich, 375 Mich. 536, 539 (1965); see also People v Kennedy, 384 Mich. 339, 345 (1971). The district court shall comply with the circuit court's order.