We feature this month one issued on March 14, 2000, by Circuit Judge James Chylinski, in People v Dillard, No. 99-009302.
In that case, Judge Chylinski
agreed with the defendant's argument that the state legislature did not intend a single possession to give rise to convictions for both felony firearm conviction and felon in possession.Those counts were joined by a third, carrying a concealed weapon, in the Dillard and other cases, bringing to three the firearms convictions sought by the prosecution for a single act.
While the Michigan Supreme Court
clarified in People v Mitchell, 456 Mich 693 (1998) that double jeopardy is not offended by convictions for CCW and felony firearm, there is no published appellate authority on felon in possession and felony firearm.
ruled from the bench during the hearing on Dillard's motion to dismiss, and released an order dismissing the felony firearm count.The Wayne County
Prosecutor has appealed.