People v. Bart

This case is before us pursuant to a Supreme Court order requiring us to consider this prosecutor’s appeal as on leave granted. 450 Mich 944 (1995). We reverse.

Defendant was charged with armed robbery and assault with intent to commit great bodily harm less than murder. The trial was held on June 25 and 26 of 1991 with Judge Kathleen MacDonald presiding. The victim testified that he was sitting in his convertible car with the top down when codefendant, Dominic Vasques, approached him and made a compliment about his car. After the codefendant left, defendant approached the victim and made a…