PEOPLE OF MI V WILLIAM JAY KELLY

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 31, 1997 Plaintiff-Appellant, v No. 195843 Oakland Circuit Court LC No. 95-142511 FH WILLIAM JAY KELLY, Defendant-Appellee. Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ. MEMORANDUM. The Oakland County Prosecutor appeals by right from an order of the Oakland Circuit Court, dismissing charges of possession of marijuana, second offense, MCL 333.7403(2)(d); MSA 14.15(7403)(2)(d), MCL 333.7413(2); MSA 14.15(7413)(2), on double jeopardy grounds, by virtue of the same transaction having been the basis for prior civil forfeiture proceedings. Civil forfeiture proceedings do not in this circumstance constitute a form of jeopardy that bars criminal prosecution on double jeopardy grounds. United States v Ursery, ___ US ___; 116 S Ct 2135; 135 L Ed 2d 549 (1996); People v Acoff, 220 Mich App 396, 398-399; 559 NW2d 103 (1996). Reversed and remanded. We do not retain jurisdiction. /s/ Donald E. Holbrook, Jr. /s/ Michael J. Kelly /s/ Roman S. Gribbs -1

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