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199 Mich. App. 554

502 N.W.2d 757

People v. Dowell

Michigan Court of Appeals

Decided May 4, 1993

Michigan Court of Appeals · decided 1993-05-04

Cited by 2 later decisions — most recently July 1997

2 state decisions

Applies MI 750 § 750.174 · MI 750 § 750.180

Good law ✅— No negative treatment on recordhow we know

Decided 1993-05-04

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Per Curiam.

¶1 Defendant was charged with single counts of embezzlement from a financial institution, MCL 750.180; MSA 28.377, and embezzlement of more than $100 by an agent. MCL 750.174; MSA 28.371. Following a hearing held on May 18, 1992, the case against defendant was dismissed with prejudice when the prosecutor was unable to proceed to trial. The people now appeal as of right, and we affirm.

¶2*555 The power in a criminal case to grant or deny a continuance is within the sound discretion of the trial court. People v Bettistea, 173 Mich App 106, 124; 434 NW2d 138 (1989). In the present case, the trial court refused to grant the prosecutor’s request for a seventh continuance in this criminal matter that had been pending for more than two years. The prosecutor concedes that he was aware that the trial court would grant no further continuances, and the record reflects that the case was dismissed when the prosecutor was unable to proceed on the final scheduled trial date. After thorough review, we cannot say that the trial court abused its discretion.

¶3 Affirmed.

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