Summary
reinstating the defendant's conviction as a sexually delinquent person
Summary of this case from People v. MargosianOpinion
No. 80827.
October 6, 1987.
In lieu of granting leave to appeal, the judgments of the Court of Appeals and the trial court are reversed and the case is remanded to the trial court for further proceedings. MCR 7.302(F)(1). As stated in the dissenting opinion of Judge GRIBBS:
The policy of the Lake Orion Police Department was to allow defendants an opportunity to seek an independent blood test and to take them anywhere within reason to get the test. Defendant could have obtained a blood test at Pontiac Osteopathic Hospital if he had requested one. [People v. Craun, 159 Mich App 564, 571 (1987)].
On the facts of this case defendant was not denied a reasonable opportunity to obtain an independent blood test. Jurisdiction is not retained. Reported below: 159 Mich App 564.
Reconsideration denied January 29, 1988.