People v. Richardson

Michigan Court of Appeals

People v. Richardson

347 N.W.2d 24, 132 Mich. App. 220

CourtMichigan Court of Appeals

DecidedFebruary 8, 1984

DocketDocket No. 69462

StatusPublished

Cited by1 cases

This text of 347 N.W.2d 24 (People v. Richardson) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Richardson, 347 N.W.2d 24, 132 Mich. App. 220 (Mich. Ct. App. 1984).

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Opinion

Per Curiam.

Defendant was originally charged with assault with intent to murder, MCL 750.83; MSA 28.278 (Count I), and felony-firearm, MCL 750.227b; MSA 28.424(2) (Count II). Pursuant to a plea-bargaining agreement whereby the prosecution agreed to forego prosecuting Count I, defendant pled guilty to Count II as well as to an orally added count of felonious assault, MCL 750.82; MSA 28.277. Defendant was sentenced to a two-year term of probation for the orally added felonious assault count. Said term was to be served consecutively to a five-year prison term which the trial court imposed for the felony-firearm count. The trial court apparently imposed the five-year prison term pursuant to MCL 750.227b(l); MSA 28.424(2)(1) because defendant’s felony-firearm guilty-plea conviction in the instant case represented his second conviction of felony-firearm.

We find that, regardless of whether the instant conviction of felony-firearm represented defendant’s second such conviction, defendant was neither charged with being a second-time felony-firearm offender nor did he plead guilty as a second offender. Therefore, we hold that the trial court erred requiring reversal in imposing a five-year second-time felony-firearm sentence. See People v Urynowicz, 412 Mich 137; 312 NW2d 625 (1981). We reverse and remand to the trial court for a resentencing consistent with this opinion.

Reversed and remanded._

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Per Curiam.

Defendant was originally charged with assault with intent to murder, MCL 750.83; MSA 28.278 (Count I), and felony-firearm, MCL 750.227b; MSA 28.424(2) (Count II). Pursuant to a plea-bargaining agreement whereby the prosecution agreed to forego prosecuting Count I, defendant pled guilty to Count II as well as to an orally added count of felonious assault, MCL 750.82; MSA 28.277. Defendant was sentenced to a two-year term of probation for the orally added felonious assault count. Said term was to be served consecutively to a five-year prison term which the trial court imposed for the felony-firearm count. The trial court apparently imposed the five-year prison term pursuant to MCL 750.227b(l); MSA 28.424(2)(1) because defendant’s felony-firearm guilty-plea conviction in the instant case represented his second conviction of felony-firearm.

We find that, regardless of whether the instant conviction of felony-firearm represented defendant’s second such conviction, defendant was neither charged with being a second-time felony-firearm offender nor did he plead guilty as a second offender. Therefore, we hold that the trial court erred requiring reversal in imposing a five-year second-time felony-firearm sentence. See People v Urynowicz, 412 Mich 137; 312 NW2d 625 (1981). We reverse and remand to the trial court for a resentencing consistent with this opinion.

Reversed and remanded._

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347 N.W.2d 24, 132 Mich. App. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-richardson-michctapp-1984.

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