Opinion
No. 116122.
May 23, 2000.
Appeal from COA: 215983, Macomb CC: 98-001786-AR.
On order of the Court, the delayed application for leave to appeal from the September 3, 1999, decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals' opinion stating that the interview room was a public place "as a matter of law." We agree that there was sufficient evidence to establish probable cause that the room was a public place. However, to the extent that the prosecution may have to establish that the act occurred in public as an element of the crime, it remains a question for trial whether the element is established. In all other respects, leave to appeal is DENIED.