People v. Wagoner
This text of 729 N.W.2d 217 (People v. Wagoner) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Count Pierre WAGONER, a/k/a Count Bey Wagoner, Defendant-Appellant.
Supreme Court of Michigan.
On order of the Court, the application for leave to appeal the October 12, 2006 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
MARILYN J. KELLY, J., dissents and states as follows:
Defendant was convicted of being a felon in possession of a firearm, MCL 750.224f; and of possession of a firearm during the commission of a felony, MCL 750.227b, as a result of a single act of possessing a firearm. Because I believe that the social norms underlying these statutes are similar, an inference may be drawn that the Legislature intended not to provide multiple punishments for a single act that violated both statutes. See People v. Calloway, 469 Mich. 448, 455, 671 N.W.2d 733 (2003) (Kelly, J., concurring in result only). Accordingly, I would grant leave to appeal to reconsider Calloway.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
729 N.W.2d 217, 477 Mich. 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wagoner-mich-2007.