Opinion
Prior report: 2010 WL 2331097.
Order
On order of the Court, the application for leave to appeal the June 10, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals decision that the circuit court did not have jurisdiction to try the defendant's misdemeanor charge once the felony charge was dismissed on the day of trial. The circuit court was vested with jurisdiction over the misdemeanor charge because the defendant was charged with a felony and a misdemeanor that arose out of the same criminal transaction. Once jurisdiction has properly attached, any doubt is resolved in favor of retaining jurisdiction. People v. Veling, 443 Mich. 23, 32, 504 N.W.2d 456 (1993). Moreover, " any legislative intent to divest jurisdiction once it has properly attached must be clearly and unambiguously stated." Id. at 32 n. 13, 504 N.W.2d 456, citing Leo v. Atlas Industries, Inc., 370 Mich. 400, 402, 121 N.W.2d 926 (1963). Although MCL 600.8311(a) provides that the district court shall have jurisdiction over misdemeanors punishable by not more than one year in jail, it does not expressly divest the circuit court of jurisdiction in the circumstances of this case. We REMAND this case to the Court of Appeals for consideration of the defendant's additional issues.
We do not retain jurisdiction.