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. PalmerOpinion
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.