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People v. Strawther

Supreme Court of Michigan
Oct 3, 2007
480 Mich. 900 (Mich. 2007)

Summary

holding that convictions for assault with intend to do great bodily harm and felonious assault do not violate the Double Jeopardy Clause as both crimes have different elements

Summary of this case from Conner v. Palmer

Opinion

No. 133446.

October 3, 2007.

SC: 133446, COA: 265911, Wayne CC: 05-007345-01


Actions on Applications for Leave to Appeal from the Court of Appeals.

Summary Dispositions October 3, 2007:

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals. The Court of Appeals erred in concluding that the defendant's convictions for both assault with intent to commit great bodily harm (MCL 750.84) and felonious assault (MCL 750.82) violated his double jeopardy protections. Because the crimes have different elements, the defendant may be punished for each. People v Smith, 478 Mich 292 (2007). Due to the prosecutor's confession of error regarding the scoring of prior record variable 7 in the Court of Appeals, the defendant remains entitled to resentencing. Accordingly, we remand this case to the Wayne Circuit Court for resentencing.

I would deny leave to appeal.


Summaries of

People v. Strawther

Supreme Court of Michigan
Oct 3, 2007
480 Mich. 900 (Mich. 2007)

holding that convictions for assault with intend to do great bodily harm and felonious assault do not violate the Double Jeopardy Clause as both crimes have different elements

Summary of this case from Conner v. Palmer

reversing this Court and stating that MCL 750.84 and MCL 750.82 have different elements and "the defendant may be punished for each."

Summary of this case from People v. Sutton

In People v Strawther, 480 Mich 900; 739 NW2d 82 (2007), our Supreme Court determined that convictions of both AWIGBH and felonious assault do not violate the double jeopardy because the two crimes have different elements.

Summary of this case from People v. Palmore

remanding for resentencing based upon the prosecution's confession of error

Summary of this case from People v. Luckett

In People v Strawther, 480 Mich 900; 739 NW2d 82 (2007), our Supreme Court has determined that concurrent convictions for "both assault with intent to commit great bodily harm [less than murder] (MCL 750.84) and felonious assault (MCL 750.82)" were not violative of the double jeopardy protections afforded to a defendant, "[b]ecause the crimes have different elements, [and] the defendant may be punished for each."

Summary of this case from People v. Groce

In People v Strawther, 480 Mich 900; 739 NW2d 82 (2007), the Supreme Court stated: "The Court of Appeals erred in concluding that the defendant's convictions for both assault with intent to commit great bodily harm (MCL 750.84) and felonious assault (MCL 750.82) violated his double jeopardy protections.

Summary of this case from People v. Stover
Case details for

People v. Strawther

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. DORAILONTIE…

Court:Supreme Court of Michigan

Date published: Oct 3, 2007

Citations

480 Mich. 900 (Mich. 2007)
739 N.W.2d 82

Citing Cases

People v. Jones

Moreover, we find it noteworthy that the Michigan Supreme Court has specifically upheld both convictions with…

People v. Frazier

Conviction of a defendant for both AWIGBH and felonious assault does not violate the double jeopardy…