Reseña de People State Michigan v. George Aloysius

People State Michigan v. George Aloysius de Court of Appeals of Michigan Resumen del Libro

The people appeal from a circuit court order affirming a district court dismissal of the second count of a two-count complaint. The district Judge found that the addition of the second count gave rise to a presumption of prosecutorial vindictiveness, and dismissed the charge as violating due process of law. We find no actual or presumed prosecutorial vindictiveness, and reverse. In February of 1985, defendant was arrested in the City of Orchard Lake Village and charged with operating a motor vehicle while under the influence of liquor (OUIL) in violation of a city ordinance. Defendant's case was originally prosecuted by the Orchard Lake City Attorney. Although defendant had been previously convicted for operating a motor vehicle while impaired (OWI), the city attorney did not originally charge him with OWI or OWI-second offense. At the pretrial conference, defendant refused to plead guilty to OUIL and the city attorney refused to add a lesser charge, so the case was set for trial. Four days before the trial date, the city attorney filed a nolle prosequi dismissing the complaint against defendant. On that same day the Oakland County Prosecutor filed a two-count state complaint against defendant, charging him with OUIL, MCL 257.625; MSA 9.2325, and a second count of OWI-second offense, MCL 257.625b; MSA 9.2325(2).

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