People v. Robinson

May a prosecutor appeal from a post-trial dismissal of charges when a trial judge finds entrapment? This question of apparent first impression comes to us as the prosecution attempts to appeal after the Hillsdale County Circuit Court found entrapment and dismissed a charge of delivery of a controlled substance, MCL 333.7401(2)(b); MSA 14.15(7401)(2)(b). At our request the parties briefed the issue of whether this Court has jurisdiction over this appeal. As we conclude that we lack jurisdiction, the appeal is dismissed.

The defendant was charged with delivery of LSD. At a preliminary…