Opinion
365468
04-03-2023
PEOPLE OF MICHIGAN v. ANDREW ERIN CECIL
LC No. 2022-021085-FC
Michael J. Riordan Presiding Judge Christopher M. Murray Noah P. Hood Judges
ORDER
The motion for immediate consideration is GRANTED.
To the extent defendant challenges the trial court's decision with regard to his motion to sever trials, the application is DENIED for failure to persuade the Court of the need for immediate appellate review.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court's decision regarding the motion to quash the bindover and dismiss charges is REVERSED IN PART, and the matter REMANDED for further proceedings. The trial court erred by failing to dismiss the counts of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b, carrying a concealed weapon (CCW), MCL 750.227, and carrying with unlawful intent, MCL 750.226, each of which was charged under an aiding-and-abetting theory. No evidence was presented at the preliminary examination showing that defendant specifically encouraged or aided the possession, retention, or use of a firearm. Accordingly, it was an abuse of discretion to bind defendant over on these charges. People v Moore, 470 Mich. 56, 67-71 and n 18; 679 N.W.2d 41 (2004); People v Fairey, 325 Mich.App. 645, 648-649; 928 N.W.2d 705 (2018). In all remaining respects, the application is DENIED for lack of merit in the grounds presented. People v Yost, 468 Mich. 122, 124 n 2; 659 N.W.2d 604 (2003).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.