People v. Makela

The defendant was charged with third-degree criminal sexual conduct (CSC), MCL 750.520d(l)(b); MSA 28.788(4)(l)(b), and bound over to the circuit court on fourth-degree CSC, MCL 750.520(e)(1)(b); MSA 28.788(5)(l)(b), at the conclu sion of his preliminary examination. Defendant appealed the magistrate’s decision to bind him over by bringing a motion to quash in the circuit court. The prosecutor filed a complaint for superintending control in the circuit court against the district court and filed a cross-appeal from the magistrate’s decision binding the defendant over on fourth-degree CSC…