People v. Leonard

Defendant pled nolo contendere to a charge of negligent homicide in the Wayne County Circuit Court. The court entered an order delaying sentence pursuant to MCL 771.1; MSA 28.1131. One year later, the court discharged defendant from the terms of that order. The defen dant then moved to dismiss the case against him, and the court granted the motion over the prosecutor’s objection. The prosecutor now appeals by leave granted.

We first discuss our jurisdiction to entertain the prosecutor’s appeal. In People v Cooke, 419 Mich 420; 355 NW2d 88 (1984), the Supreme Court ruled that the people do not…