People v. Clay

AFTER REMAND

Young, J.

The Court of Appeals reversed the trial court’s denial of defendant’s motion for relief from judgment on the ground that defendant was not “lawfully imprisoned” as contemplated by MCL 750.197c. We reverse.

I. BACKGROUND

Defendant was stopped by the police for allegedly trespassing, failing to obey a police officer, and assisting in a traffic violation. After the stop, the police discovered that defendant was carrying a concealed weapon without a permit in violation of MCL 750.227. As a result, defendant was placed under arrest and taken to the county jail.

While at the…