People v. Perlos

Pursuant to our order of December 8, 1988, granting rehearing of People v Perlos, 170 Mich App 75; 428 NW2d 685 (1988), we have addressed the limited issue of whether these five consolidated cases should be remanded to the circuit and district courts. We answer in the affirmative.

Although our decision was grounded on both state and federal constitutional provisions, we find the federal constitutional basis controlling for purposes of the applicability of federal precedent. Michigan v Long, 463 US 1032; 103 S Ct 3469; 77 L Ed 2d 1201 (1983). The people should therefore be afforded the…