PEOPLE v. LUKKARILA, 456 Mich. 852 (1997)

568 N.W.2d 669

No. 109297.Supreme Court of Michigan.
Summary Disposition August 15, 1997.

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the judgment of the Cass Circuit Court is reinstated. MCR 7.302(F)(1). The defense motion for directed verdict did not argue that there was not a court order in place, but rather argued from the premise, consistent with the testimony, that there was a court order in place. Moreover, although it is correct, as stated by the Court of Appeals, that the trial court did not take judicial notice of the court order because one was not formally marked as an exhibit, defense counsel stipulated that there was an order in effect. Court of Appeals No. 187014.

CAVANAGH and KELLY, JJ.

We would instead grant or deny leave to appeal.

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