Defendant was
charged in Monroe County with delivery of a controlled substance causing death,
MCL 750.317a, based on allegations that he delivered fentanyl-laced heroin to a
middleman in Wayne County, who sold the heroin to a buyer who consumed the
substance and died in Monroe County. Defendant moved to dismiss the charge,
claiming that Monroe County lacked “jurisdiction” to charge him. The
prosecution countered that venue was proper under MCL 762.5 because delivery of
the controlled substance was a mortal wound or poisoning, and venue was also proper
under MCL 762.8 because two elements of the offense—consumption and death—occurred
in Monroe County. The trial court denied the motion to dismiss, agreeing with
the prosecution that venue was proper in Monroe County because it was the
location where a mortal wound was inflicted. In a published opinion, the Court
of Appeals reversed, holding that the statute under which defendant was
charged, MCL 750.317a, was merely a sentencing enhancement statute, and that
the only alleged criminal act committed by defendant occurred in Wayne County.
The Court of Appeals further held that venue was not proper under MCL 762.5
because there was no evidence that defendant inflicted a mortal wound or
administered a poison. The Supreme Court has directed oral argument on the
prosecution’s application for leave to appeal to address whether Monroe County
is a proper venue for the charge against defendant of delivery of a controlled
substance causing death, MCL 750.317a.