PEOPLE v. WAGONER, 477 Mich. 1079 (2007)

729 N.W.2d 217

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. COUNT PIERRE WAGONER, a/k/a COUNT BEY WAGONER, Defendant-Appellant.

No. 132390.Supreme Court of Michigan.
April 6, 2007.

Appeal from the Court of Appeals No. 261837.

Leave to Appeal Denied April 6, 2007.

KELLY, J. (dissenting).

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 (2003) (KELLY, J., concurring in result only). Accordingly, I would grant leave to appeal to reconsider Calloway.

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