People v. Berry

279 N.W.2d 316, 88 Mich. App. 788, 1979 Mich. App. LEXIS 2034

Opinions

V. J. Brennan, J.

On October 11, 1977, defendant Joyce Berry pled guilty to armed robbery, MCL 750.529; MSA 28.797, assault with intent to rob while armed, MCL 750.89; MSA 28.284, and two counts of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant was sentenced to a total of 7 to 15 years in prison and brings this appeal by right.

Of the three issues raised by defendant on appeal only one merits discussion. We have held in People v Blount, 87 Mich App 501; 275 NW2d 21 (1978), that the rule against double jeopardy prohibits separate convictions on both felony-firearm and the underlying felony. In accordance with that opinion we set aside the two convictions for felony-firearm. However, the defendant’s sentence as an augmentation of the penalty for the underlying felonies is upheld.

Reversed in part; affirmed in part.

Bashara, J., concurred.