People v. Ventura

The prosecution appeals as of right from an order granting defendant’s motion to quash the information and dismiss the case. Because we disagree with the trial court’s finding that MCL 750.81d requires a showing that defendant’s arrest was lawful, we reverse.

SUBSTANTIVE FACTS AND PROCEDURAL HISTORY

Defendant, a minor at the time of the offense at issue, was charged under the assault chapter of the Michigan Penal Code with assaulting, resisting, and obstructing a police officer, MCL 750.81d, and also with being a minor in possession of alcohol, MCL 436.1703(1)(a). Officer Robert Light testified…