People v. Adams

The prosecution appeals by right the trial court’s order dismissing the charges of assault with intent to commit murder, MCL 750.83; MSA 28.278, possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2), felon in possession of a firearm, MCL 750.224Í; MSA 28.421(6), and fourth-offense habitual offender, MCL 769.12; MSA 28.1084, because the complaining witness left the courthouse before testifying at trial and the trial court determined that she was not unavailable pursuant to MRE 804(a)(2). We reverse and remand.

The complainant appeared for the preliminary…