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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v VERNON LEROY BOLLING, Defendant-Appellee.

UNPUBLISHED February 19, 1999

No. 207017 Oakland Circuit Court LC No. 94-132608 FH

Before: Gribbs, P.J., and Saad and P. H. Chamberlain,* JJ. MEMORANDUM. Plaintiff People of the State of Michigan appeals by right the circuit court order granting defendant Vernon Leroy Bolling's motion to dismiss for lack of speedy trial. We reverse and remand. This appeal is being decided without oral argument pursuant to MCR 7.214(E). On July 22, 1992 a search warrant was executed at a residence owned by Gerald Crouch and at which defendant was living. Cocaine was seized from the residence. Defendant and Crouch were arrested; however, they were released on the same day and no charges were filed. After a federal investigation yielded no indictments, the Oakland County Prosecutor's office issued a complaint and warrant against defendant and Crouch on April 5, 1994. On June 20, 1994 defendant and Crouch moved to quash for violation of the right to speedy trial and on due process grounds. Defendant alleged that his right to a speedy trial had been violated by the 23-month delay, and that relevant witnesses could no longer be located. On July 24, 1994 the trial court granted the motion. On February 21, 1995 the court denied plaintiff's motion for rehearing. On or about February 22, 1995, Crouch was murdered. Plaintiff appealed, and on December 4, 1996 the Court reversed the trial court's order. and held that because the right to speedy trial applies only to delay while formal charges are pending, United States v MacDonald, 456 US 1, 6-10; 102 S Ct 1497; 71 L Ed 2d 696 (1982), the delay in this case was subject to a due process analysis. US Const, Am XIV; Const 1963, art 1,

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