People v. Lemons

The prosecution appeals as of right

the trial court’s order granting defendant’s motion to quash and order of dismissal. Defendant was charged as a fourth-offense habitual offender, MCL 769.12, with possession with intent to deliver 50 grams or more but less than 450 grams of cocaine, MCL 333.7401(2)(a)(iii), and possession with intent to deliver less than 5 kilograms or fewer than 20 plants of marijuana, MCL 333.7401(2)(d)(iii). The trial court concluded that the drug evidence was seized as a result of an illegal search, granted defendant’s motion to quash, and dismissed the case. We reverse…