People v. White

In People v. White, 147 Mich App 31, 36; 383 NW2d 597 (1985), the Court was presented with a factual scenario which is similar to the present case. The defendant waived his right to a preliminary examination and then moved to dismiss in the circuit court. The circuit court dismissed most of the pending charges against the defendant. However, the Court reversed: We find that the trial court erred in dismissing the conspiracy count . . . . First, the trial court had no evidence to review since defendant White waived the preliminary examination. The record of the codefendant's preliminary examination could not be used in ruling on White's motion to dismiss. Id. at 36.