Opinion
SC: 165476 COA: 359578
06-21-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Denzel Danagelo TATE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the January 26, 2023 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals. The Court of Appeals based its holding that the officers had reasonable suspicion to stop the defendant in part on one officer's preliminary examination testimony that he observed smoke coming from the defendant's vehicle. However, it is unclear whether the district court when denying bindover found the officer's testimony on this point credible. See People v Anderson , 501 Mich. 175, 189, 912 N.W.2d 503 (2018) (noting that a district court's credibility determinations during a preliminary examination are reviewed for an abuse of discretion). We REMAND this case to the Court of Appeals which, while retaining jurisdiction, shall remand to the 36th District Court to clarify its factual findings as to the credibility of the officer's testimony. The 36th District Court shall forward its factual findings to the Court of Appeals, which shall reconsider the prosecutor's appeal in light of those findings.
We do not retain jurisdiction.
Zahra, J., did not participate due to a familial relationship with counsel of record.