People v. Clay

ON REMAND

Before: Hood, P.J., and Holbrook, Jr., and Fitzgerald, JJ. Per Curiam.

This case is before us on remand from the Supreme Court. On original submission, over a dissent by Judge Holbrook, we affirmed the trial court’s denial of defendant’s motion for relief from judgment, People v Clay, 239 Mich App 365; 608 NW2d 76 (2000), by concluding that the Legislature did not intend to require that the prosecution prove that a defendant was “lawfully imprisoned” when he was charged with assaulting a corrections officer while awaiting examination. The dissent concluded that this statutory…