People v. Mungo, Docket No. 136017.
| Decision Date | 23 June 2009 |
| Docket Number | COA No. 269250.,Docket No. 136017. |
| Citation | 483 Mich. 1091,792 N.W.2d 686 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael William MUNGO, Defendant-Appellant. |
| Court | Michigan Supreme Court |
Prior report: 277 Mich.App. 577, 747 N.W.2d 875.
By order of May 27, 2008, the application for leave to appeal the January 17, 2008 judgment of the Court of Appeals was held in abeyance pending the decision of the United States Supreme Court in Arizona v. Gant (Docket No. 07-542). On order of the Court, the case having been decided on April 21, 2009, Arizona v. Gant, 556 U.S. ----, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of the decision in Arizona v. Gant.
We further note that a similar issue is presented inPeople v. Hunter, unpublished opinion per curiam of the Court of Appeals, issued on April 3, 2008 (Docket No. 272873), which we have peremptorily vacated and remanded to the Court of Appeals for reconsideration in light of Gant by order dated June 23, 2009 (Docket No. 136546).
We do not retain jurisdiction.
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