People v. Evans

The issue presented in this case was decided more than a decade ago in People v Nix, 453 Mich 619; 556 NW2d 866 (1996). In that case, *26this Court held that an acquittal for purposes of the Double Jeopardy Clauses of the Michigan and United States Constitutions occurs when a trial court evaluates the government’s evidence and determines that it is legally insufficient to sustain a conviction, regardless of whether the acquittal was based on an “ ‘egregiously erroneous foundation,’ ” id. at 630-631 (citation omitted), and including those cases in which the trial court was incorrect regarding…